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DEPARTMF.NT  OF  POLITICAL  SCIENCE 


OF  THE 


THE   CONSTITUTION 
ARGENTINE    REPUBLIC 


OF  THE 


THE   CONSTITUTION 
UNITED  STATES  OF  BRAZIL 


WITH   HISTORICAL  INTRODUCTION  AND  NOTES 


BY 


ELIZABETH  WALLACE 

DocENT  IN  Spanish  and  in  Latin-American 
Institutions 


THE  CONSTITUTION  OF  THE  ARGENTINE 

REPUBLIC 


THE  CONSTITUTION  OF  THE  UNITED 
STATES  OF  BRAZIL 


WITH  HISTORICAL  INTRODUCTION  AND  NOTES 


BY 

ELIZABETH   WALLACE 

DOCBNT  IN  SPANISH  AND  IN   LATIN-AMERICAN  INSTITUTIONS 


CHICAGO 

1894 


PKII^ED   AT 

^be  SInitjecjfitp  J^tt00  of  Cbicago. 

D.  C.  HEATH  &  CO.,  Dirkctors. 


\Nl6 


<0 

to 

\ 


H 


OF  THE 


Part  I. 

THE  CONSTITUTION 
ARGENTINE   REPUBLIC 


206672 


NOTE. 

The  text  of  the  Argentine  Constitution  is  a  translation  by  the 
editor  from  the  Spanish  text  issued  by  the  Bureau  of  American 
Republics. 


I. 

HISTORICAL   INTRODUCTION. 

The  territory  which  to-day  comprises  the  Argentine  Republic, 
Uruguay,  Paraguay  and  Bolivia,  originally  belonged  to  the  power- 
ful vice-royalty  of  Peru,  although,  with  the  exception  of  Bolivia, 
it  bore  very  little  resemblance  to  Peru  proper.  The  lands  watered 
by  the  Parana  and  La  Plata  were  thinly  populated  by  Indians 
belonging  to  the  Aucan  tribes,  a  race  savage  and  hard  to  civilize, 
while  the  Quichua  Indians  of  Upper  and  Lower  Peru  were  docile 
and  had  already  submitted  to  a  completely  organized  govern- 
ment. 

The  colonization  of  the  two  regions  was  also  widely  different. 
In  Peru  Spanish  rule  was  substituted  for  the  government  of  the 
Incas  by  means  of  violence,  perfidy,  and  cruel  rapacity.  In  the 
regions  watered  by  the  great  rivers  small  groups  of  adventurers, 
widely  scattered  over  a  vast  territory,  carried  on  constant  war- 
fare with  the  natives  and  subdued  them  with  difficulty.  The 
occupation  of  these  early  settlers  was  cattle  raising,  the  broad 
and  fertile  pampas  offering  them  ample  opportunities  for  this 
industry.  The  herdsmen  gathered  together  in  groups  and 
thus  formed  the  nucleus  of  towns,  which,  from  the  nature  of 
their, inhabitants,  were  far  apart  with  wide  stretches  of  country 
between,  and  were  the  foundation  of  future  independent  prov- 
inces. Another  strong  and  formative  influence  was  the  fact  that 
the  Portuguese  of  Brazil  early  showed  a  desire  to  invade  the  ter- 
ritories of  Uruguay  and  Paraguay  and  possess  themselves  of  the 
fertile  lands  bordering  on  the  River  Plate,  and  the  necessity  of 
self-defense  fostered  in  the  Spaniards  the  spirit  of  independence. 
These  three  considerations,  the  character  of  the  original  inhabi- 
tants, the  chief  occupation  of  the  colonists,  and  the  necessity  of 
self-defense  and  self-government,  must  not  be  lost  sight  of  in 
studying  the  political  history  of  these  countries. 

5 


6  THE  CONSTITUTION  OF 

The  constant  warfare  with  the  Brazilian  Portuguese,  and 
the  great  distance  of  the  center  of  government  at  Lima 
from  the  seat  of  war,  led  Spain  in  1776  to  erect  the  new 
vice-royalty  of  Buenos  Ayres.  The  capital  was  fixed  at  Buenos 
Ay  res,  and  the  territory  embraced  Uruguay  and  Paraguay.  In 
1 8 10  the  revolution  broke  out,  precipitated  by  the  French 
invasion  of  Spain,  which  was  to  bring  about  the  entire  inde- 
pendence of  Spanish  America.  On  the  25th  of  May,  181 1, 
the  Viceroy  Cisneros  assembled  in  the  city  of  Buenos  Ayres 
a  Junta  of  nine  persons  endowed  with  full  powers.  Their 
first  act  was  to  exclude  certain  individuals  from  the  gov- 
ernment, among  whom  was  Cisneros  himself.  They  also  resolved 
'  to  unite  the  provinces  in  a  congress,  and  for  this  purpose  they 
sent  out  circular  letters  to  the  cities  ordering  deputies  to  be 
elected  who  should  have  a  voice  in  the  government.  The  Junta 
thus  augmented  authorized  the  formation  in  each  province  of 
Juntas  of  five  members  each,  who  should  exercise  supreme 
authority  in  that  province.  Jealousies  soon  arose  in  the  loosely 
organized  government  of  the  Junta.  The  two  leading  spirits, 
Moreno,  the  President  of  the  Junta,  and  General  Saavedra, 
formed  factions,  which,  under  the  names  of  "  Morenistas  "  and 
"  Saavedristas,"  were  the  germs  of  the  future  political  parties, 
the  Federalists  and  Unitarians.  We  may  remark  here,  that  the 
ideas  which  animated  these  two  parties  bore  a  marked  resem- 
blance to  the  underlying  principles  characterizing  the  two  great 
parties  which  had  been  evolved  in  the  growth  of  our  own  gov- 
ernment. The  Unitarian  party,  like  the  Hamiltonian  Federalists, 
saw  all  the  evils  of  provincial  organization  and  none  of  the 
good ;  they  wished  to  centralize  power  and  form  a  harmonious 
whole.  Now,  all  this  was  very  good,  but  the  one  flaw  was  that 
they  wanted  to  centralize  power  in  Buenos  Ayres  and  make  that 
province  the  leader  of  the  rest.  On  the  other  hand,  the  Feder- 
alists, like  the  Jef^ersonian  Republicans,  wished  to  erect  the  prov- 
inces into  sovereign  and  independent  states,  and  to  organize  a 
common  government  only  for  taking  measures  of  general 
defense  and  for  conducting  foreign  affairs. 

On  October  9  of   this  same  year,    181 1,  the  deputies  were 


THE  ARGENTINE  'REPUBLIC.  7 

excluded  from  a  share  in  the  government,  and  the  Junta  deter- 
mined to  create  an  executive  power,  reserving  to  itself  certain 
powers  of  legislation,  such  as  providing  for  exigencies,  restrain- 
ing the  operation  of  laws  prejudicial  to  the  state,  and  deliberat- 
ing upon  important  national  affairs.  With  these  limitations  the 
executive  power  was  vested  in  a  triumvirate.  On  the  I2th  of 
October  the  deputies  promulgated  a  sort  of  constitution  under 
the  name  of  "  Ordinance  of  the  Conservative  Junta,  under  the  "^ 
authority  of  Don  Ferdinand  the  VII.,"  in  which  they  vested  in 
themselves  the  legislative  power.  The  triumvirate  disapproved 
of  it,  dissolved  the  Junta  and  tried  its  own  hand  at  constitution 
making.  On  the  22d  of  November  it  published  a  "  Provisional 
Law  for  the  government  of  the  United  Provinces  of  the  River 
Plate.''  In  April,  1812,  the  executive  power  ordained  that  an 
assembly  should  be  organized  to  meet  at  stated  periods,  for  ses- 
sions limited  strictly  to  eight  days.  This  assembly  should  delib- 
erate upon  state  affairs,  and  should  select  every  six  months  a  suc- 
cessor to  the  executive  power.  In  accordance  with  this  action  a 
congress  assembled  in  December  of  181 3,  and  owing  to  the  war- 
ring of  factions  incident  to  a  triumvirate,  they  elected  a  single 
executive,  Don  Jervasio  Posadas.  In  1814  a  Junta  of  Observa- 
tion was  erected  for  the  purpose  of  restraining  the  directorial 
power,  and  this  Junta  in  the  following  year  issued  a  "  Provisional  ^ 
Statute,"  a  constitution  emphasizing  Federal  ideas. 

Another  congress  assembled  in  Tucuman  in  March  of  18 16, 
and  on  the  9th  of  July  proclaimed  the  independence  of  the  . 
country  from  Spanish  rule.  The  country  had  been  independent 
in  fact  for  six  years,  and  active  hostilities  had  ceased  in  1814. 
This  same  congress  transferred  to  Buenos  Ayres,  issued  in  181 7  -^ 
a  "  Provisional  Ordinance"  S^Reglamento  Provisorio\  containing 
marked  Unitarian  ideas.  Except  in  the  case  of  the  election  of 
cabildos  the  whole  was  merely  a  reorganization  of  the  colonial 
vice- royalty. 

In  1 8 19  a  constitution  was  framed  which  satisfied  no  one,  for  -f 
it  compromised  none  of  the  disputes  which  divided  the  two  par- 
ties and  contained  no  regulations  concerning  the  local  govern- 
ment of  the  provinces.      From    1820  to    1825  the  provinces  had     J, 


8  THE  CONSTITUTION  OF 

no  common  government,  but  by  independent  acts  conducted 
their  own  affairs.  It  was  a  time  when  provincial  chiefs  grew 
into  tyrants,  and  when  gauchos  became  improvised  statesmen. 

^  Only  in  Buenos  Ayres  from  1821  to  1827  was  there  a  govern- 
ment with  any  degree  of  stability.  This  province  assumed  some 
of  the  most  indispensable  functions  of  national  government,  bas- 
ing its  right  on  the  fact  that  it  had  made  treaties  with  foreign 
nations   [France  and  England]. 

The  Constituent  Congress  met  again  in    1824,  and  the  next 

•f  year  issued  a  Fundamental  Law  that  for  a  long  time  afterward 
was  the  only  legal  basis  of  the  Argentine  government.  This 
congress  also  elected  Rivadavia  president  in  1826,  and  in 
December  of  the  same  year  approved  of  a  constitution  which 
was  favored  by  Rivadavia,  and  which  showed  a  Unitarian  ten- 
dency.    But  according  to  the  provisions  of  this  last  constitution 

^  and  the  Fundamental  Law  [1825],  the  ratification  of  the  prov- 
inces was  necessary.  It  was  submitted  to  them,  but  the  majority 
rejected  it,  and  in  turn  petitioned  for  a  federal  constitution  that 
should  "  insure  to  the  provinces  a  perfect  liberty,  independence 
and  equality."  Rivadavia,  disgusted  with  the  sentiment  of  the 
people,  resigned  his  office  in  1827,  and  at  the  same  time  Con- 
gress declared  the  union  between  the  provinces  to  be  dissolved. 
The  aim  of  Rivadavia's  successor,  Dorrego,  was  to  bring  the 
provinces  together  again.  To  this  end  he  united  them  in  a  com- 
mon alliance  against  Brazil,  and  gained  their  consent  to  submit 
affairs  of  general  importance  to  a  government  centered  at 
Buenos  Ayres.  At  the  close  of  the  war  with  Brazil,  General 
Lavalle  returned,  and  heading  an  insurrection  against  Dorrego 
deposed  him.  General  Rosas,  who  had  been  a  favorite  of  the 
deposed  President,  now  became  the  leader  of  the  Federalists. 
Trouble  arose  with  France  in  1829  which  caused  the  fall  of 
Lavalle,  and  in  December  of  the  same  year  Rosas  was  elected 
Governor  of  Buenos  Ayres.  Very  little  was  accomplished 
towards  the  establishment  of  national  union  during  his  adminis- 
tration. In  1 83 1  a  new  defensive  and  offensive  alliance  was 
formed  between  the  Atlantic  provinces,  and  unsuccessful  efforts 
were    made    to    assemble  a    Congress    which   should    unite  the 


THE  ARGENTINE  REPUBLIC.  9 

country  under  a  federal  system.  Rosas'  first  term  of  office 
expired  in  December  of  1832,  and  the  Chamber  of  Representa- 
tives at  Buenos  Ayres  wished  to  reelect  him,  but  he  declined, 
and  proposed  instead  to  lead  an  expedition  against  the  Indians 
of  the  southwest.  This  was  done,  no  doubt,  to  render  himself 
more  popular  in  the  eyes  of  the  people,  and  thus  he  hoped  to 
attain  his  ambition  of  wielding  supreme  power.  The  expedition 
lasted  two  years,  and  during  his  absence,  in  December  of  1833,  the 
legislature  of  Buenos  Ayres  formulated  a  constitution  which  pro- 
vided that  the  province  should  not  unite  with  the  others  except 
under  a  federative  system,  and  that  the  provincial  executive 
should  not  be  vested  with  extraordinary  powers.  This  greatly 
offended  the  Rosas  party,  who  caused  the  constitution  to  be 
destroyed,  and  when  their  leader  returned  from  his  Indian  wars 
they  elected  him  governor.  He  pretended  to  decline  the  honor 
upon  various  vague  pretexts  which  covered  but  thinly  his  real 
reason,  the  desire  for  unlimited  power.  Finally,  on  the  7th  day 
of  March,  the  assembly  passed  a  law  in  which,  "  exercising  its 
ordinary  and  extraordinary  sovereignty,"  it  appointed  RoSas 
Governor  and  Captain-General  for  a  term  of  five  years  with  the 
whole  substance  of  public  power  \con  la  suma  del  poder  pub- 
lico\.  Rosas  again  declined,  unless  the  plan  should  be  submitted 
to  the  approval  of  the  people ;  this  was  accordingly  done,  and 
in  the  city  of  Buenos  Ayres  alone,  out  of  9,320  votes  cast,  only 
four  were  unfavorable.  For  nearly  twenty  years,  at  intervals 
of  five  years,  this  farce  of  an  election  was  kept  up,  the  inde- 
pendent vote  being  suppressed  by  bribery  and  oppression.  Thus 
'General  Rosas  governed  until  1852,  at  first  deceiving  the  people, 
then  terrorizing  them  by  that  tyranny  which  made  him  univer- 
sally notorious. 

After  many  fruitless  attempts  to  overthrow  the  power  of  the 
tyrant,  the  Unitarians  gained  to  their  cause  the  federal  governor  of 
Entre  Rios,  Don  Justo  Urquiza.  Uruguay,  Brazil  and  the  province 
of  Corientes  entered  also  into  the  conspiracy,  and  the  result  was 
the  battle  of  Monte  Casenos,  a  battle  of  little  importance  from 
a  military  point  of  view,  but  of  vast  political  significance  to  the 
provinces  of  La  Plata.     The   power  of  Rosas   fell  on  the  3rd  of 


lO  THE  CONSTITUTION  OF 

February,  1852,  and,  a  fugitive,  he  embarked  on  an  English  ship 
and  sailed  to  Europe.  Urquiza  was  now,  by  his  own  act, 
"  Supreme  Provisional  Director  of  the  Argentine  Confederation," 
but,  unfortunately  for  his  ambition,  there  was  no  real  affinity 
between  himself  and  the  Unitarians.  His  band  of  followers  was 
an  improvised  one,  and  after  having  gained  the  victory,  the  com- 
mon reasons  which  had  bound  them  together  disappeared,  and  the 
party  was  resolved  into  its  constituent  elements,  which  proved 
antagonistic  to  Urquiza.  The  Unitarians  had  desired  the  imme- 
diate convocation  of  an  assembly  which  should  be  elected  under 
their  influence.  But  Urquiza  took  other  measures  ;  he  assem- 
bled the  provincial  governors  at  San  Nicolas  de  los  Arroyos  on 
the  31st  of  May,  and  they  prepared  a  constitution  which  pro- 
vided for  a  general  assembly  to  meet  at  Santa  Fe  in  September^ 
1852,  in  which  assembly  the  provinces  were  to  have  two  rep- 
resentatives each.  The  Unitarians  of  Buenos  Ayres,  who  were 
now  in  power,  objected  to  the  constitution  of  San  Nicolas,  and  the 
Chamber  of  Representatives  refused  to  carry  out  its  provisions, 
alleging  that  it  had  not  been  properly  submitted  to  their  approval. 
Thereupon  Urquiza  dissolved  the  Chamber  of  Representatives, 
forbade  the  liberty  of  the  press,  and  gathered  about  him  in  the 
capital  his  "  true  Federalists."  In  September  he  was  forced  to 
go  to  Santa  Fe  to  open  Congress,  and  the  Unitarians  of  Buenos 
Ayres  seized  this  opportunity,  under  the  leadership  of  General 
Mitre,  to  affect  a  political  change  ;  this  they  succeeded  in  accom 
plishing  on  the  night  of  the  nth  of  September,  whereupon  they 
organized  a  provincial  Unitarian  government,  and  the  province 
declared  itself  separated  from,  and  independent  of,  the  other 
provinces. 

The  Congress  of  Santa  Fe,  delayed  by  these  events,  did  not 
assemble  until  the  20th  of  November,  and  meanwhile  civil  war 
was  being  waged  between  Buenos  Ayres  and  the  provincial 
forces  under  Urquiza.  In  January  of  1853  Congress  instructed 
the  Director  to  try  pacific  measures  for  urging  Buenos  Ayres  to 
subscribe  to  the  constitution  ;  accordingly  on  the  9th  of  March  an 
arrangement  was  made  between  Urquiza's  agent  and  the  govern- 
ment of  Buenos  Ayres   by  which  that  province  should  have  an 


THE  ARGENTINE  REPUBLIC.  1 1 

immediate  representation  in  congress,  and  meanwhile  the  provin- 
cial legislature  would  deliberate  longer  upon  the  constitution. 
Urquiza  refused  to  sanction  this  arrangement,  claiming  that  con- 
gress had  not  given  him  sufficient  power.  The  war  was  again 
renewed,  and  continued  for  a  few  weeks,  until  both  parties  were 
wearied  and  it  stopped  by  mutual  consent.  Buenos  Ayres 
remained  independent  and  Urquiza  contented  himself  wath  exer- 
cising authority  over  the  thirteen  provinces.  On  the  ist  of  May, 
1853,  congress  sanctioned  the  constitution  of  the  Argentine 
Confederation,  and  it  was  ratified  by  thirteen  provinces,  Buenos 
Ayres  remaining  independent  until  1859.  By  the  constitution  of 
1853  a  national  government  was  established  for  the  first  time  by 
the  voice  of  the  Argentine  people  ;  by  it  civil  rights  were  guaran- 
teed, which  heretofore  had  been  granted  or  withheld  accord- 
ing to  the  caprice  of  provincial  governors  who  were  bound 
neither  by  law  nor  by  public  opinion.  This  constitution  held 
the  provinces  together  until  1859,  when  war  again  broke  out 
with  Buenos  Ayres.  By  the  battle  of  Cepeda,  on  the  23rd  of 
October,  the  forces  of  the  refractory  province  were  defeated  and 
Buenos  Ayres  entered  the  confederation.  Complete  understand- 
ing was  not  yet  established  however.  On  the  30th  of  November 
a  provincial  congress  assembled  at  Buenos  Ayres  to  examine  the 
Constitution  of  'Santa  Fe,  amendments  were  proposed  and  pre- 
sented to  the  federal  congress,  which  summoned  a  general  con- 
vention, in  which  the  propositions  were  discussed  and  adopted. 
Urquiza's  term  of  office  was  now  over,  and  he  was  succeeded  by 
Santiago  Derqui.  The  Unitarians  of  Buenos  Ayres  again  made 
trouble  and  pacific  negotiations  were  delayed  until  General  Mitre 
was  elected  governor  of  Buenos  Ayres.  He  was  friendly  to  the 
confederation  and  tried  to  reconcile  the  two  factions.  His  efforts 
were  successful,  and  on  the  6th  of  June,  i860,  a  new  treaty  was 
made.  The  modifications  proposed  by  Buenos  Ayres  were  sub- 
mitted to  congress ;  the  general  convention  assembled  at  Santa 
Fe  accepted  nearly  all  the  solicited  reforms,  confirmed  the  con- 
stitution on  the  25th  of  September,  and  on  the  21st  of  the  fol- 
lowing October  it  was  solemnly  promulgated  in  the  two  capitals, 
Parana  and   Buenos  Ayres,     But  the  belligerent  spirit  of  Unita- 


12  THE  CONSTITUTION  OF 

rians  and  Federalists  had  not  yet  been  sufficiently  calmed. 
Derqui  in  the  confederation  and  Mitr^  in  his  province,  who  both 
desired  a  genuine  reconciliation,  became  the  object  of  distrust  to 
their  respective  parties.  Derqui  unfortunately  interfered  with 
national  forces  in  some  local  disturbances  between  San  Juan  and 
Cordova,  and  immediately  his  enemies  in  Buenos  Ayres  declared 
themselves  against  the  government  of  the  confederation.  War  was 
again  begun.  The  federal  congress  went  so  far  as  to  declare 
void  the  treaties  of  1859  and  i860  and  wished  to  treat  the  Buenos 
Ayrians  as  rebels.  On  the  17th  of  September,  1861,  the  oppos- 
ing forces  met  at  Pavon,  and  again  the  Buenos  Ayrians  were 
defeated,  but  only  from  a  military  point  of  view;  the  moral  victory 
was  theirs.  The  whole  country  arose  in  favor  of  General  Mitr6  ; 
even  General  Urquiza,  disgusted  with  fruitless  war,  accepted  the 
idea  of  a  new  government,  and  Derqui  resigned  his  command 
and  the  directorship. 

Invested  with  extraordinary  powers  by  the  provincial  towns, 
General  Mitre  called  a  national  congress,  which  met  on  the  25th 
of  May,  1862.  Mitre  was  elected  president  in  accordance  with 
the  terms  of  the  constitution  of  i860,  and  the  political  code  of 
that  constitution  was  accepted  without  alteration. 

The  constitution  of  i860  is  the  result  of  the  amalgamation 
of  two  principles  which  were  born  with  the  colonization  of  the 
Argentine  nation  and  grew  with  its  peculiar  civilization,  in  their 
very  nature  antagonistic,  but  by  their  union  giving  birth  to 
elements  which  contain  the  promise  of  future  strength  and  pros- 
perity. These  two  principles,  nationality  and  provincial  sover- 
eignty, were  represented  by  two  acts,  the  federal  constitution 
of  1853,  and  the  revolution  of  Buenos  Ayres  on  the  nth  of 
September,  1852.  The  union  of  these  two  principles  formed  the 
only  basis  that  could  give  any  strength  to  the  constitution. 


THE  ARGENTINE  REPUBLIC.  1 3 


II. 

OUTLINE   OF   CONTENTS. 


PREAMBLE. 


PART  FIRST. 

CHAPTER    I. DECLARATIONS,  RIGHTS    AND    GUARANTEES. 

ARTICLE.      ' 

1.  Form  of  government. 

2.  Religion. 

3.  Capital  of  the  nation. 

4.  National  expenditures, 

5.  Form  of  government  of  provinces. 

6.  Federal  interference  in  the  provinces. 

7.  Relations  between  provinces. 

8.  Relations  of  citizens  of  one  province  to  another  province. 

9.  Custom  houses. 

10.  Interstate  duties. 

11.  Duties  of  passage. 

12.  Duties  of  passage. 

13.  Erection  of  new  provinces. 

14.  Rights  of  inhabitants. 

15.  Prohibition  of  slavery. 

16.  Equality  of  citizens. 

17.  Protective  provisions. 

18.  Protection  from    unlawful    punishment,    inviolability     of 
domicile,  etc. 

19.  Private  interest  and  public  welfare. 

20.  Rights  of  foreigners. 

21.  Duty  of  citizens  to  the  country. 

22.  Sovereignty  a  delegated  power. 


14  THE  CONSTITUTION  OF 

23.  Action  in  case  of  foreign  invasion  or  domestic  disturbance 

24.  Reforms  in  legislation  ;  trial  by  jury. 

25.  Encouragement  of  immigration. 
26.  Interior  navigation. 


27.  Treaties  with  foreign  nations?^ 

28.  UncBahgeability  of  rights  and  guarantees. 

29.  Prohibition  of  the  granting  of   extraordinary  powers    to 
individuals. 

30.  Amendment  of  the  constitution. 

31.  The  supreme  law  of  the  land. 

32.  Freedom  of  the  press. 

33.  Constitutional  rights  and  guarantees  not  exclusive. 

34.  Federal  judge  cannot  at  the  same  time  be  provincial  judge  ; 
concerning  rights  of  residence. 

35.  Name  of  the  republic. 

PART  SECOND  — POWERS  OF  THE   NATION. 

TITLE  I.— FEDERAL  GOVERNMENT. 

Section  I. — The  Legislative  Power. 

ARTICLB. 

36.  Structure  of  the  Legislature. 

CHAPTER  I. OF  THE  CHAMBER  OF  DEPUTIES. 

37.  Composition;  basis  of  representation;  number. 

38.  Provisions  for  the  first  legislature. 

39.  Provisions  for  the  second  legislature. 
V  40.  Qualifications  of  members. 

V41.  Manner  of  election. 

42.  Term  of  oflfice. 

43.  Vacancies. 

44.  Right  of  initiation. 

45.  Right  of  impeachment. 

CHAPTER  II. OF  THE  SENATE. 

46.  Number  of  senators. 

47.  Qualifications  of  senators. 

48.  Term  of  office  of  senators. 

49.  President  of  senate. 


THE  ARGENTINE  REPUBLIC.  1 5 

50.  Provision  for  absence  of  president. 

51.  Judicial  power  of  senate. 

52.  Sentences  in  cases  of  impeachment. 

_53.  Powers  of  the  senate  in  case  of  invasion. 

54.  Provision  for  vacancies  in  the  senate. 

CHAPTER   III. PROVISIONS  RELATING  TO  BOTH   HOUSES. 

55.  Sessions  of  congress. 

56.  Powers  of  the  houses  regarding  members,  attendance,  etc. 

57.  Sessions  of  the  houses  simultaneous. 

58.  Rules  of  procedure. 

59.  Oath  of  members. 

60.  Privileges  of  members. 

61.  Privileges  of  members. 

62.  Punishment  of  members. 

63.  Report  of  ministers  to  congress. 

64.  Incompatibility  of  membership  with  office-holding. 

65.  Ineligibility  of  ecclesiastics  and  provincial  governors. 

66.  Compensation  of  members. 

CHAPTER    IV. POWERS    OF    CONGRESS. 

67- 

(-1 )    Legislation    concerning    custom    houses    and    import 

duties. 

(2)  Levying  of  direct  taxes. 

(3)  Contracting  of  loans. 

(4)  Concerning  national  lands. 

(5)  Concerning  national  banks. 

(6)  Concerning  the  national  debt. 

(7)  Concerning  the  national  expenditures. 

(8)  Granting  sums  to  the  provinces. 

(9)  Regulating  river  navigation  ;  suppressing  provincial  cus- 
tom houses. 

(10)  Coining  of  money,  etc. 

(it)  Dictating  various  codes,  establishing  trial  by  jury. 

(12)  Regulating  commerce. 

(13)  Regulating  and  establishing  postoffices  and  postroads. 
___^(i4)  Fixing  territorial  limits. 


i6 


THE  CONSTJTUTION  OF 


Regarding  Indians. 

Concerning  general  good  of  the  nation. 

Establishing  inferior  courts. 

Concerning  the  resignation  of  the  president. 

Concerning  treaties  and  patronage. 

Admitting  new  religious  orders. 

Regarding  war  and  peace. 

Granting  letters  of  marque  and  reprisal. 

Disposing  of  land  and  naval  forces. 

In  time  of  insurrection  ;  in  regard  to  the  militia. 

Permitting  entrance  of  foreign  troops. 

In  case  of  domestic  disturbance. 

In  the  federal  district. 

Enforcing  the  constitution. 

CHAPTER    V. CONCERNING    THE    ENACTMENT    AND     PROMULGATION 

OF    LAWS. 

68.  Right  to  initiate  legislation. 

69.  Approved  bills. 

70.  Failure  of  president  to  return  bill  equivalent  to  approval. 

71.  Rejected  or  amended  bills. 

72.  Rejected  or  amended  bills. 

73.  Form  of  promulgation. 

Section  II. — The  Executive  Power. 

CHAPTER    I. OF    ITS    NATURE    AND    DURATION. 

74.  Vesting  of  executive  power. 

75.  Temporary  and  permanent  default  of  president. 

76.  Qualifications  of  president. 
TT.  Term  of  office. 

78.  Cessation  of  power  with  cessation  of  term. 

79.  Compensation  of  president  and  vice-president. 

80.  Oath  of  office. 

CHAPTER    II.  TIME    AND  MANNER  OF  THE  ELECTION  OF  PRESIDENT 

AND    VICE-PRESIDENT    OF    THE    NATION. 

81.  Constitution  of  electoral  college;  method  of  preparing  lists. 

82.  Examination  of  lists  by  congress. 


THE  ARGENTINE  REPUBLIC.  17 

83.  Case  of  divided  vote. 

84.  Case  of  divided  vote. 

85.  Time  and  publication  of  election. 

CHAPTER    III. POWER    OF    THE    EXECUTIVE. 

86.  Exclusive  and  concurrent  powers. 

CHAPTER  IV. OF  THE  MINISTERS  OF  THE  EXECUTIVE  POWER. 

87.  Number  and  office. 

88.  Responsibility. 

89.  Limitation  of  power  in  department. 

90.  Reports  from  departments. 

91.  Incompatibility  of  ministerial  office  with  that  of  senator  or 
deputy. 

92.  Powers  in  legislation. 

93.  Compensation. 

Section  III. — Of  the  Judicial  Power. 

CHAPTER  I, OF    ITS    NATURE    AND    DURATION. 

94.  Vesting  of  judicial  power. 

95.  No  judicial  power  in  president. 

96.  Term  of  office  and  compensation  of  judges. 

97.  Qualifications  of  supreme  judges. 

98.  Oath  of  office. 

99.  Regulation  of  supreme  court. 

CHAPTER    II. POWER    OF    THE    JUDICIARY. 

100.  Appellate  jurisdiction. 

10 1.  Original  jurisdiction. 

102.  Trial  by  jury. 

103.  Treason  and  its  punishment. 

TITLE  II.— THE  GOVERNMENT  OF  THE  PROVINCES. 

104.  General  powers  of  the  provinces. 

105.  Local  government. 

106.  Constitutions  of  provinces. 

107.  Treaty-making  powers. 

108.  Concurrent  powers  of  congress  and  provinces. 

109.  Prohibitions  to  provinces. 

no.   Relation  of  provincial  governors  to  constitution. 


l8  THE  CONSTI'IVTION  OF 


III. 

CONSTITUTION  OF  THE  ARGENTINE  NATION. 


PREAMBLE. 

Wc,  the  representatives  of  the  people  of  the  Argentine  Na- 
tion, met  in  a  general  Constituent  Congress,  by  the  will  and  elec- 
tion of  the  component  provinces,  in  compliance  with  previous 
compacts,  with  the  object  of  forming  a  national  union,  of  guar- 
anteeing justice,  insuring  domestic  tranquility,  providing  for  the 
common  defence,  promoting  the  general  welfare,  and  securing 
the  blessings  of  liberty  to  ourselves,  to  posterity,  and  to  all  men 
who  wish  to  dwell  on  Argentine  soil,  invoking  the  protection  of 
God,  fountain  of  all  reason  and  justice,  do  ordain,  decree  and 
establish  the  Constitution  of  this  Argentine  Nation. 

PART   FIRST. 

CHAPTER    I, DECLARATION,    RIGHTS,   AND    GUARANTEES. 

Art.  I.  The  Argentine  Nation  adopts  for  its  government 
the  federal  republican  and  representative  form  as  established  by 
the  present  constitution. 

Art.  2.  The  federal  government  upholds  the  Roman  Cath- 
olic Apostolic  religion. 

Art.  3.  The  authorities  exercising  the  functions  of  govern- 
ment shall  reside  in  that  city  which  is  declared  by  a  special  law 
of  congress  the  capital  of  the  Republic,  previous  cession  having 
been  made  by  the  provincial  legislatures  of  territory  to  be  used 
as  a  federal  district. 

Art.  4.  The  federal  government  provides  for  the  expenses 
of  the  nation  from  the  funds  of  the  national  treasury  consisting 
of  money  accruing  from  import  and   export  duties  [until  1866, 


THE  Ak'GEIVriNE  REPUBLIC.  1 9 

in  conformity  with  the  enactment  of  Art.  67,  clause  I.];'  the 
sale  or  lease  of  national  lands  ;  postal  revenue  from  mails  ;  taxes 
which  the  General  Congress  may  equitably  and  proportionately 
levy  on  the  people ;  loans  and  bills  of  credit  by  the  same  con- 
gress for  the  needs  of  the  nation  or  for  enterprises  of  national 
benefit. 

Art.  5.  Each  province  shall  adopt  for  itself  a  constitution 
under  the  republican  representative  system,  and  in  accordance 
with  the  principles,  declarations  and  guarantees  of  the  national 
constitution,  and  which  shall  insure  the  administration  of  justice, 
municipal  government  and  primary  education.  Under  these  con- 
ditions the  federal  government  guarantees  to  each  province  the 
enjoyment  and  exercise  of  its  own  institutions. 

/  Art.  6.  The  federal  government  invades  the  territory  of 
the  provinces  in  order  to  preserve  the  republican  form  of  govern- 
ment, or  to  repel  invasions,  and  also  at  the  call  of  the  constitu- 
tional authorities,  to  sustain  or  to  reestablish  them  if  they  have 
been  overturned  by  sedition,  or  by  invasion  from  some  other 
province. 

Art.  7.  Public  acts  and  judicial  proceedings  of  one  prov- 
ince are  respected  in  the  others ;  and  congress  may,  by  general 
laws,  determine  the  probationary  form  of  these  acts  and  proceed- 
ings, and  the  legal  results  which  they  will  produce. 

Art.  8.  The  citizens  of  each  province  enjoy  all  the  rights, 
privileges  and  immunities  rightfully  belonging  to  the  citizens  of 
other  provinces.  Extradition  of  criminals  is  a  reciprocal  obli- 
gation imposed  upon  all  the  provinces. 

Art.  9.  In  the  whole  territory  of  the  nation  there  shall  be 
national  custom  houses  only,  in  which  duties  shall  be  fixed  as 
Congress  authorizes. 

Art.  10.  Within  the  Republic  all  articles  of  domestic  pro- 
duction or  manufacture,  as  well  as  goods  and  merchandise  of 
all  kinds  that  have  been  cleared  at  the  custom  houses  \a.dua7ias 
exteriores\  arc  exempt  from  taxation. 

Art.  II.  Articles  of  domestic  and  foreign  production  or 
manufacture,  cattle  of  all  kinds  which  pass  from    one  province  to 

'  See  Amendments,  p.  46. 


20  THE  CONSTITUTION  OF 

another,  as  well  as  the  carts,  boats  or  beasts  used  for  their  trans- 
portation, shall  be  exempt  from  duties  of  passage,  and  no  duty 
can  be  levied  on  them  beforehand  whatever  their  nature,  by  the 
mere  act  of  passing  through  the  territory. 

Art.  12.  Boats  going  from  one  province  to  another  shall  not 
be  obliged  to  enter,  anchor'  and  pay  duties  because  of  passage  ; 
for  in  no  case  may  one  port  take  precedence  of  another  by  means 
of  laws  or  rules  of  commerce. 

Art.  13.  New  provinces  may  be  admitted  to  the  nation,  but 
no  province  shall  be  erected  out  of  the  territory  or  territories  of 
others,  nor  shall  several  provinces  unite  to  form  one,  without  the 
consent  of  the  provincial  legislatures  concerned,  and  also  of 
congress. 

Art.  14.  All  inhabitants  of  the  nation  enjoy  the  following 
rights  in  accordance  with  the  laws  which  regulate  their  exercise, 
to  wit :  to  engage  in  and  carry  on  any  legitimate  industry ;  the 
rights  of  navigation,  commerce,  and  of  petition  to  the  authorities  ; 
to  enter,  to  remain  in,  to  pass  through,  and  to  leave  Argentine 
territory  ;  to  publish  opinions  through  the  press  without  previous 
censorship ;  to  make  use  of,  and  to  dispose  of  property  ;  to  form 
business  associations  ;  to  exercise  any  profession  in  freedom  ;  to 
teach  and  to  learn. 

Art.  15.  There  are  no  slaves  in  the  Argentine  nation;  the 
few  that  are  here  now  shall  be  free  upon  the  adoption  of  this 
constitution,  and  a  special  law  shall  regulate  the  indemnifications 
which  this  provision  shall  necessitate.  Any  bill  of  purchase  or 
sale  of  slaves  is  considered  as  criminal,  for  which  the  parties 
concerned,  including  the  clerk  or  functionary  authorizing  it,  shall 
be  held  responsible,  and  the  slaves,  whatever  be  the  manner  of 
their  introduction,  shall  be  free  by  the  mere  act  of  setting  foot  on 
territory  of  the  republic. 

Art.  16.  The  Argentine  nation  does  not  recognize  preroga- 
tives of  blood  or  of  birth  ;  personal  privileges  and  titles  of 
nobility  do  not  exist.     All  the  inhabitants  are  equal  before  the 

*  All  ships  entering  a  port  for  the  purpose  of  casting  anchor  there,  even  though  they 
may  have  been  forced  to  it  by  stress  of  weather,  and  though  they  may  not  while  there 
engage  in  any  trade,  must,  nevertheless,  pay  a  certain  duty  which  is  termed  anclage. 


THE  ARGENTINE  REPUBLIC.  21 

law,  and  are  eligible  to  all  public  employments  without  other 
consideration  than  those  of  fitness.  Equality  is  the  basis  of  tax- 
ation and  of  admission  to  public  offices. 

Art.  17.  Property  is  inviolable,  and  no  inhabitant  of  the 
nation  can  be  deprived  of  it  without  due  process  of  law.  Con- 
demnation of  lands  for  public  uses  shall  be  regulated  by  law,  and 
previously  indemnified.  Congress  alone  imposes  the  taxes  which 
are  provided  for  in  Article  4.  No  personal  service  can  be  exacted 
except  by  law  or  by  sentence  founded  on  law.  All  authors  or 
inventors  are  exclusive  proprietors  of  their  work,  invention,  or 
discovery,  for  the  length  of  time  accorded  by  law.  Confiscation 
of  goods  is  blotted  out  forever  from  the  Argentine  penal  code. 
No  armed  body  shall  make  requisitions  or  exact  aid  of  any  kind. 

Art.  18.  No  inhabitant  of  the  nation  can  be  punished  with- 
out previous  judgment  founded  on  law  enacted  prior  to  the  insti- 
tution of  the  process,  nor  by  special  commission,^  nor  shall  be 
brought  before  judges  appointed  by  a  law  before  the  institution 
of  the  suit. 

No  one  is  compelled  to  give  evidence  against  himself;  nor 
shall  he  be  arrested  except  by  a  written  order  from  the  proper 
authority.  Defence  of  person  and  property  before  the  law  is 
inviolable.  The  domicile  is  inviolable,  as  are  also  all  correspond- 
ence and  private  papers  ;  and  a  law  shall  determine  in  what  cases 
and  with  what  justification  their  alienation  and  confiscation  may 
be  undertaken.  Penalty  of  death  for  political  crimes,  every  kind 
of  torture,  and  flogging  are  forever  prohibited.  The  prisons  of 
the  nations  shall  be  healthful  and  clean,  with  the  purpose  of 
keeping  safely,  not  of  punishing,  the  criminals  detained  in  them  ; 
and  all  measures  which,  under  the  pretext  of  precaution,  cause 
undue  mortification,  shall  be  laid  to  the  charge  of  the  judge  who 
authorizes  them. 

Art.  19.     Private  actions  that  in  no  way  offend  good  order 

3  If  the  parties  to  a  law  suit  lived  in  a  town  at  some  distance  from  the  residence  of 
the  judge,  it  was  customary  in  Spain  for  the  judge  to  commission  certain  persons  who 
would  then  have  authority  to  try  the  case.  Great  abuse  was  made  of  this  privilege, 
and  in  the  Spanish  liberal  constitution  of  18 12,  we  find  the  following  provision:  "No 
Spaniard  can  be  judged  in  civil  or  criminal  suits  by  any  commission,  but  by  a  competent 
tribunal  invested  with  authority  by  law." 


22  THE  CONSTITUTION  OF 

or  public  morals,  nor  involve  a  third  party,  are  reserved  to  the 
judgment  of  God,  and  are  beyond  the  authority  of  magistrates. 
No  inhabitant  of  the  nation  shall  be  obliged  to  do  that  which  the 
law  does  not  exact,  nor  deprived  of  that  which  the  law  does  not 
prohibit. 

Akt.  20.  Foreigners  in  the  territory  of  the  nation  enjoy  all 
the  civil  rights  of  citizens  ;  they  may  engage  in  any  industry, 
commerce  or  profession,  possess  real  estate,  buy  and  sell  the 
same,  navigate  rivers  and  coasts,  exercise  freely  their  religious 
belief,  make  wills  and  marry  according  to  law.  They  are  not 
obliged  to  become  citizens  or  to  pay  necessary  extraordinary 
contributions.  They  may  obtain  the  privileges  of  citizenship  by 
residing  two  successive  years  in  the  nation  ;  but  the  jjroper 
authorities  may  shorten  the  time  upon  aj)plication,  the  applicant 
pleading  special  services  rendered  to  the  Republic. 

Art.  21.  Every  Argentine  citizen  is  obliged  to  take  up  arms 
in  defence  of  his  country  and  of  this  constitution,  in  accordance 
with  the  laws  passed  by  congress,  and  the  decrees  of  the 
national  executive.  Naturalized  citizens  are  free  to  offer  or 
withhold  this  service  for  the  space  of  ten  years  after  obtaining 
their  naturalization  papers. 

Art.  22.  The  people  do  not  deliberate  or  govern  except 
through  representatives  and  authorities  created  by  the  constitu- 
tion. Every  armed  force,  or  gathering  of  persons  which  assumes 
the  rights  of  the  people  and  petitions  in  their  name,  is  guilty  of 
the  crime  of  sedition. 

Art.  23.  In  case  of  internal  disturbance  or  foreign  invasion 
which  impedes  the  exercise  of  this  constitution,  and  the  action 
of  the  authorities  created  by  it,  the  province  or  territory  where 
the  disturbance  occurs  shall  be  declared  in  a  state  of  siege,  all 
constitutional  guarantees  remaining  suspended  there.  But  dur- 
ing the  suspension  the  President  of  the  Republic  shall  have  no 
power  of  himself  to  condemn  or  to  inflict  punishment.  In  such 
a  case  his  power  over  persons  shall  be  limited  to  arrest  and 
transportation  from  one  point  to  another  of  the  nation,  in  case 
they  should  refuse  to  leave  the  country. 

Art.  24.     Congress    shall    promote    reforms    in  the   present 


THE  ARGENTINE  REPUBLIC.  23 

legislation  in  all  its  branches,  and  shall  establish  trial  by- 
jury. 

Art.  25.  The  federal  government  shall  encourage  European 
immigration,  and  shall  not  restrict,  limit  or  oppress  with  any 
taxes  whatever  the  entrance  into  Argentine  territory  of  foreign- 
ers who  come  with  the  intention  of  engaging  in  agriculture, 
improving  industries,  and  introducing  and  teaching  sciences  and 
arts. 

Art.  26.  The  navigation  of  all  interior  rivers  of  the  nation 
islFree  to  all  crafts,  subject  only  to  the  orders  issued  by  national 
authority. 

Art.  27.  The  federal  government  is  obliged  to  confirm  its 
relations  of  peace  and  commerce  with  foreign  powers  by  means 
of  treaties  which  shall  conform  to  the  principles  of  public  right 
established  in  this  constitution. 

Art.  28.  The  principles,  guarantees,  and  rights  recognized 
in  the  preceding  articles  cannot  be  altered  by  the  laws  regulat- 
ing their  action. 

Art.  29.  Congress  cannot  grant  to  the,  national  executive, 
neither  can  the  provincial  legislatures  grant  to  the  governors  of 
the  provinces,  extraordinary  powers,  or  the  substance  of  public 
power,  or  concede  to  them  such  submission  or  supremacy  that 
the  life,  honor  and  fortunes  of  any  Argentine  should  be  at  the 
mercy  of  the  governors  or  of  any  single  person.  Acts  of  this 
nature  carry  with  them  an  irremediable  want  of  force,  and  sub- 
ject those  that  formulate  them  to  the  responsibility  and  penalties 
of  the  most  infamous  betrayers  of  their  country. 

Art.  30.  The  constitution  may  be  amended  in  any  and 
all  of  its  parts.  The  necessity  for  amendment  must  be  declared 
by  congress  by  a  vote  of  at  least  two-thirds  of  its  members  ; 
but  the  amendment  shall  not  be  made  except  by  a  convention 
called  for  the  purpose. 

Art.  31.  This  constitution,  the  laws  of  the  nation  which  are 
promulgated  by  congress  in  accordance  with  it,  and  the  treaties 
with  foreign  nations  shall  be  the  supreme  law  of  the  land  ;  the 
authorities  of  each  province  must  conform  to  it,  notwithstanding 
any  provision  in  the  provincial   laws  or  constitutions  which  may 


24  THE  CONSTITUTION  OF 

be  contrary  to  it,  excepting  treaties  in  the  {province  of  Buenos 
Ayres  ratified  after  the  peace  of  November  1 1,  1859. 

Art.  3^  The  Federal  Congress  shall  not  dictate  any  laws 
restricting  the  liberty  of  the  press,  or  establish  over  it  any  fed- 
eral jurisdiction. 

Art.  33.  The  declarations,  rights,  and  guarantees  enume- 
rated by  the  constitution  shall  not  be  regarded  as  a  negative  on 
other  rights  and  guarantees  not  enumerated,  but  which  arise  from 
the  principle  of  sovereignty  of  the  people  and  of  the  republican 
form  of  government. 

Art.  34.  The  judges  of  the  federal  courts  shall  not  at  the 
same  time  be  judges  in  the  provincial  courts  ;  neither  can  federal 
service,  either  in  military  or  civil  affairs,  give  the  right  of  resi- 
dence in  the  province  where  it  is  performed,  and  which  may  not 
be  the  customary  home  of  the  officer  ;  this  applies  to  the  cases 
of  those  who  accept  government  employ  in  the  province  where 
they  chance  to  be. 

Art.  35.  The  names  adopted  successively  since  1810  to  the 
present  time,  to-wLt :  United  Provinces  of  the  River  Plate, 
Argentine  Republic,  Argentine  Confederation,  shall  hencefor- 
ward be  indiscriminately  used  to  designate  the  government  and 
territory  of  the  provinces,  using  the  words,  Argentine  Nation,  in 
the  formulation  and  promulgation  of  laws. 

PART  SECOND.— POWERS  OF  THE   NATION. 

TITLE   I.— FEDERAL  GOVERNMENT. 

Section  I. — The  Legislative  Power. 

Art.  36.  The  legislative  power  of  the  nation  shall  be  vested 
in  a  congress  composed  of  two  chambers,  one  of  deputies  from 
the  nation,  the  other  of  senators  from  the  provinces  and  the  cap- 
ital. 

chapter    L OF    THE    CHAMBER    OF    DEPUTIES, 

Art.  37.  The  chamber  of  deputies  shall  be  composed  of 
representatives  elected  directly  by  the  people  of  the  j^rovinces 
and  of  the  capital,  which  shall  be  considered  for  this  purpose  as 


THE  ARGENTINE  REPUBLIC.  25 

electoral  districts  of  a  single  state ;  they  shall  be  elected  by  a 
simple  plurality  of  votes  in  the  proportion  of  one  for  each 
twenty  thousand  inhabitants,  or  any  fraction  above,  less  than  ten 
thousand. 

Art.  38.  The  number  of  deputies  for  the  first  legislature 
shall  be  in  the  following  proportion :  for  the  province  of  Buenos 
Ayres,  twelve ;  for  Cordova,  six ;  for  Catamarca,  three ;  for 
Corrientes,  four ;  for  Entre  Rios,  two ;  for  Juijuy,  two ;  for 
Mendoza,  three ;  for  Rioja,  two ;  for  Salta,  three ;  for  Santiago, 
four ;  for  San  Juan,  two  ;  for  Santa  Fe,  two  ;  for  San  Luis,  two  ; 
for  Tucuman,  three. 

Art.  39.  For  the  second  legislature  a  general  census  must 
be  taken  and  the  number  of  deputies  apportioned  according  to  it ; 
this  census  shall  only  be  taken  every  ten  years. 

Art.  40.  To  be  a  deputy  one  must  have  attained  the  age  of 
twenty-five  years,  exercised  the  rights  of  citizenship  four  years, 
and  must  be  a  native  of  the  province  which  elects  him,  or  have 
resided  there  the  two  years  immediately  preceding. 

Art.  41.  For  the  present  legislature,  the  provincial  legisla- 
tures shall  appoint  the  manner  of  direct  election  of  the  deputies 
of  the  nation  ;  congress  shall  formulate  a  general  law  for  succeed- 
ing elections. 

Art.  42.  Deputies  shall  continue  in  office  four  years,  and 
are  re-eligible  ;  but  half  the  house  shall  be  renewed  every  two 
years,  to  accomplish  which  those  elected  by  the  first  legislature 
shall  by  lot  select  those  whose  terms  shall  expire  at  the  end  of 
two  years."* 

*  In  Mexico  the  whole  house  of  deputies  is  renewed  every  two  years.  The  election 
is  indirect  and  by  secret  ballot.  The  proportion  of  deputies  is  one  for  each  forty 
thousand  inhabitants,  or  for  a  fraction  that  exceeds  twenty  thousand.  Constitution 
of  Mexico,  Arts.  52,  53,  55. 

In  Colombia  the  members  of  the  lower  house  are  elected  for  a  term  of  four  years, 
and  in  the  proportion  of  one  for  every  fifty  thousand  inhabitants.  Constitution  of 
Colombia,  Arts.  99,  loi. 

In  Chile  the  whole  house  of  deputies  is  renewed  every  three  years.  The  election 
is  direct,  and  in  the  proportion  of  one  for  each  thirty  thousand  inhabitants.  A  prop- 
erty qualification  is  required  for  deputies.     Constitution  of  Chile,  Art.  17. 

In  Ecuador  deputies  are  elected  for  a  term  of  two  years,  in  the  proportion  of  one 
to  each  thirty  thousand  inhabitants,  by  direct  election  and  secret  ballot.  Constitution 
of  Ecuador,  Arts.  38,  48,  59. 


26  TflK  CONSTITUrjON  OF 

Art.  43.  In  case  of  vacancy  the  governor  of  the  province 
or  of  the  caj)ital  shall  order  the  legal  election  of  a  new  member. 

Art.  44.  All  laws  concerning  taxes  and  the  levying  of 
troops  shall  (originate  exclusively  in  the  chamber  of  deputies. 

Art.  45,  The  chamber  of  deputies  has  the  sole  right  to  im- 
peach before  the  senate,  the  president,  vice-president,  ministers 
and  the  members  of  the  supreme  and  of  the  inferior  courts  of 
the  nation,  in  those  cases  in  which  they  are  responsible  for 
maladministration,  or  for  malfeasance  in  office,  or  for  common 
crimes.  Before  impeachment  just  cause  for  the  action  must  be 
declared  by  a  vote  of  two-thirds  of  the  members  present. 

CH.APTER  II. OF   THE  SENATE. 

Art.  46.  The  Senate  shall  be  composed  of  two  senators 
from  each  province,  elected  by  a  plurality  vote  of  their  respective 
legislatures ;  and  of  two  from  the  capital  elected  according  to 
the  form  prescribed  for  the  election  of  the  president  of  the 
nation.     Each  senator  shall  have  one  vote. 

Art.  47.  In  order  to  be  be  elected  senator  it  is  necessary  to 
have  attained  the  age  of  thirty  years,  to  have  been  six  years  a 
citizen  of  the  nation,  to  have  an  annual  rent  of  two  thousand 
[hard]  dollars  or  its  equivalent,  and  to  be  a  native  of  the  prov- 
ince which  elects  him,  or  to  have  resided  there  two  years  imme- 
diately preceding  election. 

Art.  48.  Senators  shall  continue  in  office  for  nine  years 
and  are  re-eligible  indefinitely ;  but  one-third  of  the  senate  shall 
be  renewed  every  third  year,  it  being  decided  by  lot  at  the  first 
meeting  which  ones  shall  return  at  the  end  of  the  first  and  second 
periods  of  three  years. ^ 

5  In  Mexico  the  election  of  senators  is  indirect  and  their  term  of  office  is  two  years. 
One-half  the  .senate  is  renewed  every  two  years.     Constitution  of  Mexico,  Art.  58. 

In  Colombia  there  are  three  senators  from  each  department  elected  by  the  depart- 
mental assemblies  for  a  term  of  six  years.  The  senate  is  renewed  by  thirds.  Consti- 
tution of  Colombia,  Arts.  93,  95,  175. 

In  Ecuador  the  senators  are  chosen  by  direct  election  and  secret  ballot.  There  are 
two  senators  from  each  province  elected  for  a  term  of  four  years.  One  half  the  senate 
is  renewed  every  two  years.     Constitution  of  Chile,  Arts.  38,  43,  58. 

In  Chile  the  senate  is  composed  of  members  chosen  directly  by  the  people  of  the 
provinces  in  the  proportion  of  one  senator  to  every  three  deputies  for  a  term  of  six 
years.     Constitution  of  Chile,  Arts.  22,  23. 


THE  ARGENTINE  REPUBLIC.  27 

Art.  49.  The  vice-president  of  the  nation  shall  be  the  pres- 
ident of  the  senate ;  but  he  shall  not  have  a  vote  excej)t  in  the 
case  of  a  tie. 

Arx.  50.  The  senate  shall  appoint  a  president  pro  tempore 
who  will  preside  in  the  absence  of  the  vice-president,  or  when 
the  latter  is  acting  as  the  president  of  the  nation. 

Art.  51.  The  senate  shall  act  as  a  public  court  for  the  trial  of 
those  impeached  by  the  chamber  of  deputies,  its  members  taking 
oath  beforehand.  If  the  president  of  the  nation  is  impeached 
the  president  of  the  supreme  court  shall  preside  over  the  senate. 
No  one  shall  be  convicted  without  the  vote  of  two-thirds  of  the 
members  present. 

Art.  52.  Judgment  shall  not  extend  further  than  to  removal 
and  disqualification  to  hold  any  office  of  honor,  trust  or  profit  in 
the  nation.  But  the  party  convicted  shall  nevertheless  be  sub- 
ject to  indictment,  judgment  and  punishment  according  to  law 
before  the  ordinary  tribunals. 

Art.  53.  It  is  also  the  duty  of  the  senate  to  authorize  the 
president  of  the  nation  to  declare  any  or  several  places  in  the 
republic  in  a  state  of  siege,  in  case  of  foreign  invasion. 

Art.  54.  In  case  of  vacancies  caused  by  death  or  resigna- 
tion, or  any  other  cause,  the  government  of  the  province  from 
which  the  senator  was  elected  shall  proceed  immediately  to  the 
election  of  a  new  member. 

CHAPTER    III. provisions   RELATING  TO  BOTH  HOUSES. 

Art.  55.  Both  houses  shall  meet  in  ordinary  session  every 
year,  from  the  first  of  May  until  the  thirtieth  of  September. 
They  may  also  be  convoked  in  extraordinary  session,  or  pro- 
rogued by  the  president. 

Art.  56.  Each  house  is  the  judge  of  the  elections,  rights, 
titles  and  qualifications  of  its  members.  Neither  house  shall  do 
business  without  an  absolute  majority  of  its  members ;  but  a 
smaller  number  may  compel  the  attendance  of  the  absent  mem- 
bers in  such  a  manner  and  under  such  penalties  as  each  house 
may  provide. 

Art.  57.     Both  houses  shall  open   and   close  their  sessions 


28  THE  CONSTITUTION  OF 

simultaneously.  Neither  house  during  a  session  shall,  without 
the  consent  of  the  other,  adjourn  for  more  than  three  days. 

Art.  58.  Each  house  shall  make  its  own  rules,  and,  with 
the  concurrence  of  two-thirds,  may  punish  any  member  for  dis- 
orderly behavior  in  the  exercise  of  his  functions,  or  expel  him 
because  of  moral  or  physical  disabilities  incurred  after  taking 
his  seat,  and  sufficient  to  exclude  him  from  membership  ;  but  a 
majority  of  those  present  will  be  sufficient  to  pass  on  cases  of 
negligence  in  the  discharge  of  duty. 

Art.  59,  The  senators  and  deputies  upon  taking  their  seats, 
must  take  an  oath  to  discharge  with  fidelity  their  duty,  and  to  do 
everything  in  conformity  with  the  provisions  of  this  constitution. 

Art.  60.  No  member  of  congress  shall  be  indicted,  ques- 
tioned by  law,  or  held  responsible  for  the  opinions  or  speeches 
which  he  delivers  during  his  term  of  office  as  legislator. 

Art.  61.  No  senator  or  deputy  from  the  day  of  his  election 
until  his  term  ceases  can  be  subject  to  arrest  except  in  the  case 
of  detection  in  the  act  of  committing  a  crime  deserving  punish- 
ment by  death,  by  penalty  involving  disgrace,  or  by  other 
personal  punishment  f  concerning  which  an  account  shall  be 
given  before  his  house,  with  a  summary  of  the  act. 

Art.  62.  When  a  formal  complaint  in  writing  is  made 
before  the  ordinary  justices,  against  any  senator  or  deputy,  and 
when  the  case  has  been  investigated  in  open  court,  each  house 
may  by  a  two-third  vote  suspend  the  accused  from  the  exercise 
of  his  functions,  and  hand  him  over  to  the  judge  under  whose 
jurisdiction  the  case  falls. 

*  "  Pena  de  tnuerte,  infamante  ii  otra  aflictiva."  At  the  time  of  the  adoption  of  this 
constitution  there  were  two  modes  of  capital  punishment  established  by  law  in  Spain, 
the  garrote  for  civilians,  and  shooting  for  military  criminals.  There  were  three  modes 
of  garroting ;  ordinary  garroting,  when  the  criminal  went  to  the  place  of  execution 
mounted  on  a  mule,  with  his  coat  fastened  about  him ;  infamous  garroting,  when  the 
criminal  must  ride  to  his  death  on  a  jack-ass,  with  his  coat  unfastened  ;  garrote  for  the 
nobility,  when  the  criminal  had  the  privilege  of  mounting  a  saddled  horse,  and  could 
wear  a  black  cloak,  and  in  special  cases  was  permitted  to  have  the  place  of  execution 
draped  in  mourning.     Hanging,  as  a  death  penalty,  was  abolished  in  1832. 

Pena  infamante  is  that  form  of  punishment  which  dishonors  the  person  subjected 
to  it,  as  hanging,  public  shame  and  scourging. 

Pena  aflictiva  or  punishment  of  the  person  (as  distinguished  from  a  fine),  is  such 
as  scourging,  banishment,  imprisonment  for  more  than  six  months,  etc. 


'THE  ARGENTINE  REPUBLIC.  29 

Art.  63.  Each  house  may  require  the  presence  of  the  min- 
isters of  the  executive  power,  to  receive  from  them  any  explana- 
tions or  information  that  may  be  deemed  necessary. 

Art.  64.  No  member  of  congress  can  receive  office  or  com- 
mission from  the  executive  power  without  the  previous  consent 
of  his  house,  except  in  the  case  of  officers  of  the  port. 

Art,  65.  Regular  clergy  cannot  be  members  of  congress, 
neither  can  provincial  governors  be  elected  to  congress  during 
their  term  of  office. 

Art.  66.  Senators  and  deputies  are  remunerated  for  their 
services  from  the  national  treasury  by  an  amount  which  shall  be 
determined  by  law. 

CHAPTER    IV. POWERS    OF    CONGRESS. 

Art.  67.     It  belongs  to  congress 

(i)  To  legislate  concerning  custom  houses  \a.duanas  ex- 
teriores\  and  to  establish  import  duties,  which  duties, 
as  well  as  the  valuation  upon  which  they  are  based, 
shall  be  uniform  throughout  the  nation  ;  it  being 
understood  that  this,  as  well  as  other  national  duties, 
may  be  paid  in  the  currency  of  the  respective  pro- 
vinces, to  the  full  value.  To  establish  equally  the 
duties  on  exports  [until  1866  at  which  time  they  will 
cease  as  a  national  tax,  the  same  being  prohibited  as 
provincial  taxes]. ' 

(2)  To  impose  direct  taxes  for  a  definite  time  and  in  equal 
proportion  throughout  the  whole  territory  of  the  nation, 
as  long  as  the  defence,  common  security  and  general 
good  of  the  state  demand  it. 

(3)  To  contract  loans  on  the  credit  of  the  nation. 

(4)  To  direct  the  use  and  the  sale  of  national  lands. 

(5)  To  establish  and  regulate  a  national  bank  in  the  capital, 
and  its  branches  in  the  provinces  with  power  to  issue 
bills  of  credit. 

(6)  To  arrange  for  the  foreign  and  domestic  debt  of  the 
nation. 

See  Amendments,  page  46. 


30  THE  CONSTITUTION  OF 

(7)  To  fix  annually  an  estimate  of  the  national  administra- 
tive expenses,  and  to  approve  or  disapprove  the  budget 
of  expenditures. 

(8)  To  grant  sums  from  the  national  treasury  to  those 
provinces  whose  revenues  do  not  cover,  according  to 
their  estimate,  the  ordinary  expenses. 

(9)  To  regulate  the  free  navigation  of  interior  rivers,  to 
establish  such  ports  as  are  necessary ;  to  create  and 
abolish  custom  houses,  with  the  exception  of  those 
custom  houses  which  exist  in  each  province  at  the  time 
of  their  incorporation. 

(10)  To  coin  money,  to  fix  its  value  and  that  of  foreign 
money,  to  adopt  a  uniform  system  of  weights  and 
measures  throughout  the  country. 

(11)  To  dictate  the  civil,  commercial,  penal  and  mining 
codes,  without  allowing  such  codes  to  alter  local  judi- 
cature, making  their  application  correspond  to  the 
federal  or  the  provincial  tribunals  according  as  the 
matters  or  persons  fall  under  their  respective  jurisdic- 
tions ;  and  especially  general  laws  for  the  whole  nation, 
concerning  naturalization  and  citizenship,  in  accordance 
with  the  principle  of  natural  citizenship  ;  also  laws  con- 
cerning bankruptcy,  counterfeiting  of  securities  and 
current  coin  of  the  state  ;  and  those  laws  requiring 
the  establishment  of  trial  by  jury. 

(12)  To  regulate  commerce  by  land  and  by  sea,  with  foreign 
nations  and  between  the  provinces. 

(13)  To  regulate  and  establish  the  general  post-offices  and 
post-roads  of  the  nation. 

(14)  To  fix  definitely  the  territorial  limits  of  the  nation  and 
those  of  the  provinces,  to  erect  new  provinces  and  to 
determine  by  special  legislation  the  organization,  admin- 
istration and  government  to  be  established  in  the 
national  territory  which  is  outside  the  limits  assigned 
to  the  provinces. 

(15)  To  provide  for  the  security  of  the  frontiers,  to  preserve 
the  treaty  of  peace  with  the  Indians  and  to  promote 
their  conversion  to  Catholicism. 


THE  ARGENTINE  REPUBLIC.  31 

{  (16)  To  provide  for  all  that  conduces  to  the  prosperity  of 
the  country,  to  the  advancement  and  well-being  of  all 
the  provinces,  and  to  the  progress  of  education,  })re- 
scribing  plans  for  general  and  university  instruction, 
promoting  industry,  immigration,  the  building  of  rail- 
roads and  navigable  canals,  the  colonization  of  national 
lands,  the  introduction  and  establishment  of  new  indus- 
tries, the  importation  of  foreign  capital,  and  the  explora- 
tion of  interior  rivers  by  laws  protecting  their  banks, 
by  temporary  concessions  of  privilege,  and  by  the  offer 
of  rewards. 

(17)  To  establish  courts  inferior  to  the  supreme  court  of 
justice,  to  create  and  abolish  offices,  to  prescribe  their 
powers,  to  give  pensions,  to  confer  honors,  and  to  con- 
cede general  amnesty. 

(18)  To  act  upon  the  resignation  of  president  or  vice-presi- 
dent of  the  Republic,  to  declare  a  new  election,  and  to 
examine  and  verify  it. 

(19)  To  approve  or  to  disapprove  of  the  treaties  concluded 
with  other  nations  and  the  covenants  made  with  the 
Apostolic  Chair,  and  to  regulate  the  exercise  of  pat- 
ronage throughout  the  whole  nation. 

(20)  To  admit  within  the  territory  of  the  nation  other 
religious  orders  besides  those  already  existing. 

(21)  To  authorize  the  executive  power  to  declare  war  or  to 
make  peace. 

(22)  To  grant  letters  of  marque  and  reprisal. 

(23)  To  dispose  of  the  land  and  naval  forces  in  times  of 
peace  and  war  ;  to  make  rules  and  regulations  for  the 
government  of  said  forces. 

(24)  To  authorize  the  summoning  of  the  militia  of  all  the 
provinces,  or  parts  of  them,  when  the  execution  of  the 
laws  of  the  nation  so  require,  or  to  suppress  insurrec- 
tions and  repel  invasions.  To  provide  for  the  organizing, 
arming,  and  disciplining  of  said  militia  and  the  admin- 
istration and  government  of  that  part  of  it  which  may 
be  employed  in  the  service  of  the  nation,  leaving  to  the 


32  THE  CONSTITUTION  OF 

provinces  respectively  the  appointment  of  officers  and 
the  responsibility  of  establishing  the  military  discipline 
prescribed  by  congress. 

(25)  To  permit  the  entrance  of  foreign  troops  into  the  terri- 
tory of  the  nation  and  the  departure  of  national  forces. 

(26)  To  declare  in  a  state  of  siege  any  or  several  points  in 
the  nation  in  case  of  domestic  disturbance  ;  to  continue 
or  suspend  the  state  of  siege  declared  by  the  executive 
during  a  recess  of  congress. 

(27)  To  exercise  exclusive  legislation  over  all  the  territory 
of  the  national  capital  and  those  places  acquired  by 
purchase  or  cession  in  any  of  the  provinces,  for  the 
purpose  of  establishing  fortresses,  arsenals,  magazines 
or  other  establishments  of  national  service. 

(28)  To  make  all  laws  and  regulations  which  shall  be  neces- 
essary  for  carrying  into  execution  the  foregoing  powers, 

^  and  all  other  powers  vested  by  this  constitution  in  the 

government  of  the  Argentine  Nation. 

CHAPTER     V. CONCERNING     THE     ENACTMENT    AND    PROMULGATION 

OF    LAWS. 

Art.  68.  All  laws  may  originate  in  either  house  on  the 
initiative  of  its  respective  members,  or  of  the  executive  power, 
except  those  laws  relating  to  subjects  treated  in  Art.  44, 

Art.  6g.  If  a  bill  is  approved  by  the  originating  house  it 
shall  pass  for  discussion  to  the  other  house.  If  it  pass  both 
houses  it  shall  go  to  the  executive,  and  if  it  obtains  his  approval 
it  shall  be  promulgated  as  law. 

Art.  70.  Every  bill  not  returned  by  the  executive  within 
ten  working  days  shall  be  considered  a  law. 

Art.  71.  No  bill  failing  to  pass  either  house  can  be  recon- 
sidered in  any  session  of  the  same  year.  But  if  it  is  amended 
by  the  revising  house  it  slTall  be  returned  to  the  originating  house  ; 
if  in  this  house  an  absolute  majority  approve  the  amendments 
it  shall  be  sent  to  the  executive  power  of  the  nation.  If  the 
amendments  be  disapproved  the  bill  shall  be  returned  again  to 
the  revising  house,  and   if  there  the  amendments  be  approved  a 


THE  ARGENTINE  REPUBLIC.  35 

second  time  by  a  majority  of  two-thirds  of  the  members,  the 
bill  shall  pass  again  to  the  originating  house,  but  this  house  will 
not  be  understood  to  approve  the  amendments  without  the 
concurrence  of  two-thirds  of  the  members  present. 

Art.  72.  If  a  bill  be  rejected  in  whole  or  in  part  by  the 
executive  power,  it  returns  with  his  objections  to  the  house  in 
which  it  originated  ;  this  house  shall  discuss  it  anew,  and  if  it  is 
passed  by  a  two-thirds  vote  it  shall  go  a  second  time  to  the  other 
house.  If  it  pass  both  houses  by  a  two-thirds  vote  the  bill 
becomes  a  law  and  goes  to  the  executive  power  for  promulga- 
tion. The  votes  in  both  houses  in  this  case  shall  be  by  yeas  and 
nays ;  the  names  of  the  persons  voting  for  and  against  the  bill, 
together  with  the  objections  of  the  executive  power,  shall  be 
published  immediately  by  the  press.  If  the  house  disagree  over 
the  objections  the  bill  cannot  be  reconsidered  in  any  session  of 
the  same  year. 

Art.  73.     In  the  promulgation  of  laws  the  following  formula^ 
shall  be  used  :     The  senate  and  the  chamber  of  deputies  of  the 
Argentine  nation,  in  congress  assembled,  etc.,  decree  or  sanction 
as  law.^ 

8  In  Mexico  the  right  of  initiative  belongs  to  the  president,  to  the  deputies  and 
senators,  and  to  the  legislatures  of  the  states.  Laws  may  originate  in  either  house, 
except  those  bills  which  treat  of  loans,  taxes,  or  imports,  or  of  the  recruiting  of  troops, 
all  of  which  must  be  discussed  first  in  the  house  of  deputies. 

Bills  presented  by  the  president,  by  the  legislatures  of  the  states,  or  by  deputa- 
tions from  the  same,  shall  pass  immediately  to  a  committee. 

Bills  presented  by  deputies  or  senators  are  subjected  to  the  same  procedure  as  in 
the  Argentine  constitution,  with  the  following  exceptions:  (i)  If  a  bill  is  rejected 
only  in  part,  or  modified,  or  receives  additions  by  the  house  of  revision,  the  new 
discussion  in  the  house  where  it  originated  shall  treat  only  of  the  rejected  part,  or  of 
the  amendments  or  additions,  without  being  able  to  alter  in  any  manner  the  articles 
approved.  (2)  If  in  the  second  revision  the  house  of  revision  should  insist  by  an  abso- 
lute majority  on  the  amendments  in  each,  the  whole  bill  shall  not  be  again  presented 
until  the  following  session,  unless  both  houses  agree  by  an  absolute  majority  that  the 
law  shall  be  issued  only  with  the  articles  approved.  (3)  When  a  bill  has  been 
rejected  wholly  or  in  part  by  the  executive  and  •returned  to  the  house  where  it 
originated,  it  will  require  confirmation  only  by  an  absolute  majority,  instead  of  by  a 
two-thirds  vote.     Constitution  of  Mexico,  Arts.  65,  66  and  71. 

In  Colombia  the  right  of  initiative  belongs  to  deputies,  senators  and  the 
ministers  of  the  government.  The  house  of  deputies  has  exclusive  right  to  originate 
all  laws  for  the  levying  of  taxes  and  for  the  organization  of  the  public  ministry. 

All    legislative   acts  must  have   passed   three  readings   and   been    adopted    in 


34  THE  CONSTITUTION  OF 

Section  II. — The  Executive  Power, 

CHAPTER    I. OF    ITS    NATURE    AND    DURATION. 

Art.  74.  The  executive  power  of  the  nation  shall  be 
exercised  by  a  citizen  with  the  title  of  "  President  of  the  Argen- 
tine Nation."  ^ 

Art.  75.  In  case  of  the  illness,  absence  from  the  capital, 
death,  resignation  or  dereliction  of  the  president,  the  executive 
power  shall  be  exercised  by  the  vice-president  of  the  nation.  In 
case  of  dereliction,  death,  resignation  or  inability  of  the  president 
and  vice-president  of  the  nation,  congress  shall  determine  what 
public  functionary  shall  fill  the  office  of  president,  until  the  cause 
of  inability  has  been  removed,  or  a  new  president  is  elected. 

Art.  76.  To  be  elected  president  or  vice-president  of  the 
nation  it  is  necessary  to  have  been  born  in  Argentine  territory, 
or  to  be  the  son  of  a  native  citizen  if  born  in  a  foreign  country, 
to  be  of  the  Roman  Catholic  Apostolic  communion,  and  to  pos- 
sess the  other  qualifications  required  for  senators. 

Art.  ']'].  The  president  and  vice-president  continue  in  office 
six  years  ;  and  they  cannot  be  re-elected  without  the  interval  of 
one  term  .9 

each  house,  on  three  different  days,  by  a  majority  of  the  members  before  they  pass 
to  the  government  for  approval.  No  act  shall  be  voted  on  its  third  reading  without 
the  presence  of  an  absolute  majority  of  the  members.  The  president  is  allowed  six 
davs  in  which  to  return  a  bill  with  objections  when  it  contains  no  more  than  fifty 
articles;  he  is  given  ten  daysto  consider  a  bill  containing  from  fifty-one  to  two  hundred 
articles,  and  fifteen  days  for  a  bill  of  more  than  two  hundred  articles.  Constitution 
of  Colombia,  Arts.  80,  81,  82,  86,  102. 

In  Chile  laws  concerning  amnesty  must  originate  in  the  senate.  The  right  of 
initiative  belongs  to  senators,  deputies,  and  to  the  president  by  means  of  a  message. 
The  procedure  in  the  enactment  of  laws  is  the  same  as  in  Argentina,  except  that  the 
president  is  allowed  fifteen  days  for  the  consideration  of  a  bill.  Constitution  of  Chile, 
Arts.  31,  35. 

In  Ecuador  besides  senators,  deputies  and  the  president,  the  Supreme  Court  has 
also  the  right  of  initiative  in  matters  pertaining  to  the  administration  of  justice.  If  a 
bill  passes  both  houses  it  is  sent  to  the  executive,  who  must  return  it  within  nine  days, 
or  in  case  of  urgency  within  three  days.  If  his  objections  concern  the  bill  as  a  whole 
it  shall  be  laid  aside  and  not  brought  up  again  until  the  following  legislature.  In  every 
case  an  absolute  majority  is  required.     Constitution  of  Ecuador,  Arts.  64-71. 

9  This  provision  was  also  adopted  in  the  constitution  of  the  Confederate  States  of 
America,  1862. 


THE  ARGENTINE  REPUBLIC.  35 

Art.  78.  The  president  of  the  nation  ceases  to  have  power 
the  very  day  that  his  term  of  six  years  expires  ;  and  no  event 
whatever  which  may  have  interrupted  this  term  can  be  a  reason 
for  prolonging  it. 

Art.  79.  The  president  and  vice-president  shall  receive 
from  the  national  treasury  a  salary,  which  cannot  be  increased 
or  diminished  during  their  term  of  office.  During  this  period 
they  cannot  hold  any  other  office  or  receive  any  emolument 
from  the  nation  or  from  any  province. 

Art.  80.  Upon  taking  possession  of  their  office,  the  presi- 
dent and  vice-president,  shall,  in  the  presence  of  the  president 
of  the  senate  take  the  following  oath  [the  first  time  the  oath 
must  be  taken  in  the  presence  of  the  presiding  officer  of  the 
Constituent  Congress],  congress  being  assembled;  "I,  N.  N., 
swear  in  the  name  of  God  and  the  Holy  Evangelists  to 
execute  with  loyalty  and  patriotism  the  office  of  president  [or 
vice-president]  of  the  nation,  and  faithfully  to  preserve  and 
cause  to  be  preserved  the  Constitution  of  the  Argentine  Nation. 
If  I  do  not  thus  may  God  and  the  Nation  call  me  to  account."" 

"*  In  Mexico  the  qualifications  for  president  are,  that  he  must  be  a  Mexican  by 
birth,  that  he  must  be  thirty-five  years  old,  that  he  must  not  belong  to  the  ecclesiastical 
order,  and  that  he  must  reside  in  the  country  at  the  time  of  his  election.  His  term  of 
office  is  four  years ;  he  may  be  re-elected,  but  is  ineligible  for  a  third  term  until  an 
interval  of  four  years  has  elapsed.  There  is  no  vice-president.  In  case  of  vacancy,  the 
president  or  vice-president  of  the  senate  or  of  the  permanent  commission  assumes  the 
presidential  office  until  a  new  election  is  held.  The  new  election  must  be  held  within 
three  months  of  the  occurrence  of  the  vacancy.  Constitution  of  Mexico,  Arts.  77, 
78,  79- 

In  Colombia  the  qualifications  for  president  are,  that  he  must  be  a  native  Colom- 
bian, that  he  must  be  more  than  thirty  years  of  age,  and  that  he  must  have  an  income 
of  at  least  two  thousand  two  hundred  dollars.  The  term  of  office  is  six  years.  Con- 
stitution of  Colombia,  Arts.  114,  115. 

In  Ecuador  the  term  of  office  of  president  and  vice-president  is  four  years.  They 
are  not  eligible  for  election  to  a  second  term  until  a  period  of  eight  years  has  elapsed. 
During  this  time  the  president  cannot  be  elected  to  the  office  of  vice-president,  or  vice 
versa.  No  relative  of  the  president  in  the  first  or  second  degree  can  be  elected  to 
succeed  him.     Constitution  of  Ecuador,  Arts.  81,  86  and  87. 

In  Chile  the  presidential  term  is  five  years  ;  no  second  term  is  permitted  unless  a 
period  of  five  years  has  elapsed.  There  is  no  vice-president,  and  in  case  of  vacancy 
the  Minister  of  the  Interior  assumes  the  presidential  office.  Writs  for  a  new  election 
must  be  issued  within  ten  days  after  the  vacancy  occurs.  Constitution  of  Chile, 
Arts.  50,  52  and  55. 


36  THE  CONSTITUTION  OF 

CHAPTER  II. OF  THE  TIME  AND  MANNER  OF  THE  ELECTION  OF  THE 

PRESIDENT  AND  VICE-PRESIDENT  OF  THE  NATION. 

Art.  8i.  The  manner  of  electing  the  president  and  vice- 
president  of  the  nation  shall  be  as  follows  :  the  capital  and  each 
one  of  the  provinces  shall  appoint  by  direct  election  an  assembly 
of  electors  equal  to  twice  the  total  number  of  the  deputies  and 
senators  which  they  elect  to  Congress,  with  the  same  qualifica- 
tions, and  according  to  the  forms  prescribed  for  the  election  of 
deputies.  No  deputy  nor  senator,  nor  any  one  holding  an  office 
of  profit  under  the  federal  government  can  be  an  elector.  The 
electors  shall  assemble  in  the  capital  of  the  nation  and  in  the 
capitals  of  their  respective  provinces,  four  months  before  the 
close  of  the  existing  administration  and  shall  proceed  to  elect 
the  president  and  vice-president  by  means  of  sealed  ballots. 
They  shall  name  in  their  ballots  the  person  voted  for  as  presi- 
dent, and  in  distinct  ballots  the  person  voted  for  as  vice-presi- 
dent. They  shall  make  two  lists  of  all  persons  voted  for  as 
president,  and  two  other  lists  of  all  persons  voted  for  as  vice- 
president,  with  the  number  of  votes  for  each.  These  lists  shall 
be  signed  by  the  electors  and  two  of  these  lists  [one  of  each 
kind]  shall  be  transmitted,  closed  and  sealed,  to  the  president  of 
the  provincial  legislature,  and  in  the  case  of  the  capital  to  the 
president  of  the  municipality,  in  whose  offices  they  shall  be 
deposited  and  locked  ;  and  the  other  two  shall  be  transmitted  to 
the  President  of  the  Senate  [the  first  time  to  the  President  of 
the  Constituent  Congress]. 

Art.  82.  The  President  of  the  Senate  [the  first  time  the 
President  of  the  Constituent  Congress]  shall  open  the  lists  in 
the  presence  of  both  Houses.  The  secretaries,  together  with 
four  members  of  congress  chosen  by  lot,  shall  proceed  imme- 
diately to  examine  and  to  announce  the  number  of  votes  which 
result  in  favor  of  each  candidate  for  the  Presidency  and  Vice- 
Presidency  of  the  nation.  Those  who  have  in  both  cases  the 
absolute  majority  of  votes  shall  be  immediately  proclaimed  Pres- 
ident and  Vice-President. 

Art.  83.  In  the  case  of  a  divided  vote  when  there  is  no 
absolute    majority,  congress  shall   elect  among  the  two  having 


THE  ARGENTINE  REPUBLIC.  37 

the  greatest  number  of  votes.  If  the  first  plurality  includes 
more  than  two  persons,  congress  shall  elect  from  among  all 
these.  If  the  first  majority  includes  only  one  person,  and  the 
second  includes  two  or  more,  congress  shall  elect  from  among 
all  those  having  the  first  and  second  majorities. 

Art.  84.  This  election  shall  be  affected  by  the  absolute 
plurality  and  by  a  viva  voce  vote.  If,  after  the  first  ballot,  there 
should  result  no  absolute  majority,  another  ballot  shall  be  taken 
uniting  the  votes  on  those  persons  who,  in  the  first  ballot,  had 
obtained  the  greatest  number  of  votes.  In  case  of  a  tie,  the 
ballot  shall  be  taken  again,  and  if  another  tie  should  result,  the 
President  of  the  Senate  [the  first  time  the  President  of  the  Con- 
stituent Congress]  shall  decide.  The  inspection  and  verification 
of  these  elections  cannot  take  place  unless  three-fourths  of  all 
the  members  of  congress  are  present. 

Art.  85.  The  election  of  President  and  Vice-President  of 
the  nation  should  take  place  during  a  single  session  of  congress, 
and  the  result,  together  with  the  electoral  acts,  should  be  imme- 
diately published  by  the  public  press. 

CHAPTER  III. POWERS  OF  THE  EXECUTIVE. 

Art.  86.  The  President  of  the  nation  has  the  following 
powers : 

( 1 )  He  is  supreme  head  of  the  nation,  and  has  in  his  care 
the  general  administration  of  the  country. 

(2)  He  has  power  to  enact  such  laws  and  regulations  as  are 
necessary  for  the  carrying  out  of  the  laws  of  the  nation, 
taking  care  not  to  alter  their  spirit  by  means  of  regu- 
lating exceptions. 

(3)  He  is  the  direct  and  local  head  of  the  capital  of  the 
nation. 

(4)  He  takes  part  in  the  formation  of  laws  in  accordance 
with  the  constitution,  and  approves  and  promulgates 
them. 

(5)  He  appoints,  with  the  consent  of  the  senate,  the  mag- 
istrates of  the  supreme  court,  and  of  the  inferior 
courts. 


20667; 


38  THE  CONSTITUTION  OF 

(6)  He  may  grant  reprieves  or  pardon  for  offences  subject 
to  the  jurisdiction  of  the  federal  courts,  prior  to  infor- 
mation brought  by  the  corresponding  court,  except  in 
cases  of  impeachment  by  the  chamber  of  deputies. 

(7)  He  grants  pensions,  accepts  resignations,  grants  leaves 
of  absence,  and  goces  de  monte-pios  "  in  conformity  with 
the  law  of  the  nation. 

(8)  He  exercises  the  rights  of  national  patronage  in  the 
conferring  of  bishoprics  to  the  cathedral  churches,  upon 
the  proposal  of  one-third  of  the  senate. 

(9)  With  the  concurrence  of  the  supreme  court  he  con- 
cedes pass  or  withhold  the  decrees  of  the  councils, 
the  bulls,  briefs,  and  rescripts  of  the  Supreme  Pontiff 
of  Rome  ;  requiring  for  them  a  law  when  they  contain 
general  and  permanent  provisions. 

(10)  With  the  consent  of  the  senate  he  appoints  and  removes 
ministers  plenipotentiary  and  charges  d '  affairs  ;  and 
by  himself  appoints  and  removes  accredited  ministers, 
and  their  attaches,  consular  agents  and  others  employed 
in  the  administration  whose  appointment  is  not  other- 
wise provided  in  this  constitution. 

(11)  He  opens  the  annual  sessions  of  congress,  both 
houses  being  assembled  for  that  purpose  in  the  hall  of 
the  senate ;  and  on  this  occasion  he  must  give  a  report 
of  the  state  of  the  nation,  of  the  reforms  assured  by 
the    constitution    and    recommends    to    their    consid- 

"  Goces  de  monte-pios,  privilege  of  monte-pios.  The  monte-pio  of  Spain  is  identical 
with  the  French  mont-de-piiti.  In  the  middle  ages  these  institutions  were  established 
by  the  monks  to  prevent  the  poor  people  from  having  recourse  to  the  Jews  and  other 
usurers.  Their  object  was  to  render  aid  in  cases  of  extreme  necessity,  for  which  ser- 
vice full  recompense  was  made  later.  The  first  mont-de-piiti  was  established  in  Rome 
in  the  latter  half  of  the  fifteenth  century,  and  soon  developed  into  a  flourishing  bank. 
Later  one  was  established  Paris,  and  then  others  sprang  up.  It  became  the  custom  to 
require  exorbitant  securities,  and  the  mont-dt-piiti  lost  its  first  character  of  a  benevo- 
lent institution  and  became  a  money-making  establishment.  Laws  were  made  regu- 
lating the  amount  of  money  that  could  be  borrowed  from  the  viont-de-piiti  and  also 
the  amount  of  the  security  which  could  be  demanded  by  the  mont-de-piiti.  There  is 
no  institution  in  England  or  the  United  States  corresponding  to  this,  but  the  monte- 
pio  of  Spain  and  of  Latin-America  is  identical  with  it.  There  are  also  such  pawn- 
shops, if  we  may  so  call  them,  in  Belgium  and  Holland. 


THE  ARGENTINE  REPUBLIC.  39 

eration  those  measures  which  he  judges  necessary  and 
expedient. 

(12)  He  prorogues  the  ordinary  sessions  of  congress,  or  calls 
extraordinary  meetings  when  grave  questions  of  order 
or  progress  demand  it. 

(13)  He  orders  the  collection  of  the  national  revenues  and 
directs  their  investment  in  accordance  with  law,  or 
with  the  estimate  of  the  national  expenses. 

(14)  He  concludes  and  confirms  treaties  of  peace,  of  com- 
merce, of  navigation,  of  alliance,  of  limits,  and  of  neu- 
trality ;  contracts  and  other  negotiations  required  for 
the  maintenance  of  amicable  relations  with  foreign 
powers  ;  he  receives  their  ministers  and  admits  their 
consuls. 

(15)  He  is.  commander-in-chief  of  all  land  and  naval  forces 
of  the  nation. 

(16)  With  the  consent  of  the  senate,  he  fills,  in  the  order  of 
rank,  the  higher  military  and  naval  offices  ;  and  in  the 
field  of  battle  by  his  own  authority. 

(17)  He  disposes  of  all  military  forces  on  land  and  sea,  and 
regulates  their  distribution  and  organization  accordinu^ 
to  the  necessities  of  the  nation. 

(18)  He  declares  war,  and  grants  letters  of  marque  and 
reprisal,  with  the  authority  and  approbation  of  con- 
gress. 

(19)  With  the  concurrence  of  the  senate,  and  in  case  of  for- 
eign attack,  he  may  declare  any  or  various  points  in  tlie 
nation  to  be  in  a  state  of  siege  for  a  limited  time.  In 
case  of  interior  commotion,  he  only  has  this  power 
during  a  recess  of  congress,  because  this  is  an  attribute 
which  belongs  exclusively  to  that  body.  The  president 
exercises  it  with  the  limitations  provided  in  Art.  2j. 

(20)  He  may  require  any  information  which  he  deems  neces- 
sary from  the  chiefs  of  all  the  departments  of  adminis- 
tration, and  through  them  from  other  officials,  which 
information  they  are  obliged  to  furnish. 

(21)  He  may  not  leave  the  territory  of  the  capital  without 


40  THE  CONSTITUTION  OF 

the  permission  of  congress.  During  a  recess,  he  may 
do  so  without  permission,  but  only  for  reasons  of  the 
gravest  public  importance. 
(22)  The  President  has  power  to  fill  those  vacancies  which 
require  the  consent  of  the  senate,  and  which  may  occur 
during  a  recess  of  the  same,  by  temporary  appointments 
which  shall  expire  at  the  close  of  the  next  legislature. 

CHAPTER  IV. OF  THE  MINISTERS  OF  THE  EXECUTIVE  POWER. 

Art.  87.  Five  ministers  secretaries,  to  wit :  of  the  Interior  ; 
of  Foreign  Affairs  ;  of  the  Treasury ;  of  Justice ;  of  Education 
and  Public  Instruction ;  of  War  and  Navy  ;  shall  have  in  their 
charge  the  dispatch  of  the  affairs  of  the  nation,  and  shall  corrobo- 
rate and  legalize  the  acts  of  the  President  by  means  of  their  seal, 
without  which  requisite  these  acts  will  fail  of  their  effect.  A  law 
shall  define  the  authority  of  the  several  ministers. 

Art.  88.  Every  minister  is  responsible  for  the  acts  which 
he  authorizes  ;  and  conjointly  with  his  colleagues  for  those  which 
he  approves." 

"In  the  Mexican  constitution,  there  is  the  following  provision  for  a  cabinet:  "For 
tlfe  dispatch  of  the  business  of  the  administrative  department  of  the  Federation,  there 
shall  be  the  number  of  secretaries  which  the  congress* may  establish  by  law,  which 
shall  provide  for  the  distribution  of  business,  and  prescribe  what  shall  be  in  charge  of 
each  secretary. 

"  To  be  a  secretary  of  the  cabinet,  it  is  required  that  one  shall  be  a  Mexican  citi- 
zen by  birth,  in  the  exercise  of  his  rights,  and  fully  twenty-five  years  old."  Constitu- 
tion of  Mexico,  Arts.  86  and  87. 

In  Colombia,  the  president  exercises  the  executive  powers  with  the  "  indispensable 
cooperation  of  the  ministers."  The  number,  designation  and  precedence  of  these 
ministers  is  determined  by  law.  The  ministers,  together  with  the  president,  form  the 
government,  and  the  ministers  are  the  government's  organs  of  communication  with 
congress.  In  this  Republic,  there  is  also  a  council  of  state  composed  of  seven  mem- 
bers ;  the  vice-president  of  the  republic  and  six  voting  members  appointed  according 
to  law.  These  councillors  hold  their  office  for  four  years,  one-half  being  renewed 
every  two  years.  The  duties  of  the  council  are  to  act  as  the  supreme  consulting  body 
of  the  government  in  matters  of  administration,  although  their  opinions  shall  not  be 
binding,  except  in  the  case  of  a  vote  for  the  commi^ation  of  the  death  penalty.  They 
have  also  certain  legislative  and  judicial  powers.  Constitution  of  Colombia,  Arts.  59, 
132,  134,  136,  138,  and  141. 

In  the  constitution  of  Ecuador,  there  is  the  following  provision  :  "  For  the  exer- 
cise of  his  power,  the  president  of  the  republic  shall  have  such  secretaries  of  state  as 
the  law  may  determine."  Besides  the  secretaries  of  state,  there  is  also  a  council  of 
state  composed  of  the  vice-president  of  the  republic,  the  secretaries  of  state,  the  fiscal 


THE  ARGENTINE  REPUBLIC.  4 1 

Art.  89.  In  no  case  can  ministers  alone  resolve  on  anything 
which  takes  exception  to  the  economic  or  administrative  system 
of  their  respective  departments. 

Art.  90.  When  congress  has  convened,  the  ministers  of 
state  should  present  a  detailed  report  of  the  state  of  the  nation 
in  that  which  concerns  the  business  of  their  respective  depart- 
ments. 

Art.  91.  Ministers  cannot  be  either  senators  or  deputies 
unless  they  resign  from  office. 

Art.  92.  Ministers  may  attend  the  meetings  of  congress 
and  take  part  in  debate,  but  may  not  vote. 

Art.  93.  They  shall  receive  for  their  services  a  compensa- 
tion fixed  by  law,  which  cannot  be  increased  or  diminished  to  the 
favor  or  to  the  prejudice  of  those  in  office. 

Section  III. — Of  the  Judicial  Power. 

CHAPTER  I. OF  ITS  NATURE  AND  DURATION. 

Art.  94.  The  judicial  power  of  the  nation  shall  be  exercisci  I 
by  one  supreme  court  of  justice,  and  by  such  inferior  courts  as 
congress  shall  establish  in  the  territory  of  the  nation. 

Art.  95.  In  no  case  can  the  president  of  the  nation  exercise 
judicial  functions,  take  cognizance  of  pending  cases,  or  of  those 
that  have  been  already  concluded. 

Art.  96.  The  judges  of  the  supreme  court  and  of  the  in- 
ferior courts  of  the  nation  shall  remain  in  office  during  good 
behavior,  and  shall  receive  for  their  services  a  compensation 
which  shall  be  determined  by  law,  and  which  cannot  be  dimin- 

■minister  of  the  supreme  court,  two  senators,  one  deputy,  one  ecclesiastic,  and  three 
citizens  possessing  the  qualifications  required  for  a  senator.  At  each  biennial  meeting 
congress  elects  the  seven  last  named.  This  council  of  state  has  consultative  power ; 
it  may  also  approve  or  disapprove  of  the  acts  of  the  executive  when  congress  is  not  in 
session.     Constitution  of  Ecuador,  Arts.  104,  105  and  106. 

In  Chile,  the  provision  for  the  ministers  is  practically  the  same  as  in  Ecuador.  In 
this  republic,  there  is  also  a  council  of  state.  It  is  composed  of  three  councillors  elected 
by  the  senate,  and  three  by  the  chamber  of  deputies,  and  of  five  councillors  appointed 
by  the  president.  These  latter  must  be,  a  member  of  the  Supreme  Court  of  Justice,  an 
ecclesiastic,  a  general  in  the  army  or  navy,  a  chief  in  some  office  of  the  treasury,  an 
individual  who  has  at  sometime  discharged  the  offices  of  Minister  of  State,  diplomatic 
agent,  intendant,  governor,  or  city  councillor.  The  powers  of  the  council  are  more 
extended  in  this  republic  than  in  the  others.    Constitution  of  Chile,  Arts.  93,  94  and  95. 


42  THE  CONSTITUTION  OF 

ishcd  in  any  manner  whatever  while  they  remain  in  the  exercise 
of  their  oflFice. 

Art.  97.  No  one  can  be  a  member  of  the  supreme  court  of 
justice  unless  he  is  a  lawyer  of  eight  years  standing  in  the  nation, 
and  possesses  all  the  qualifications  required  for  a  senator. 

Art.  98.  At  the  first  installation  of  the  supreme  court,  the 
persons  appointed  shall  take  oath  befor  the  president  of  the  nation 
to  discharge  their  duties  by  administering  justice  well  and  law- 
fully, and  in  conformity  with  the  provisions  of  the  constitution. 
Afterwards  they  shall  take  the  oath  before  the  president  of  the 
court. 

Art.  99.  The  supreme  court  shall  regulate  its  interior  and 
economic  affairs  and  shall  appoint  all  its  inferior  officers. '3 

CHAPTER  II. POWERS  OF  THE  JUDICIARY. 

Art.  100.  The  jurisdiction  of  the  supreme  court  and  of  the 
inferior  courts  of  the  nation  extends  to  the  taking  cognizance  of 

'3  The  structure  of  the  Mexican  judiciary  differs  somewhat  from  that  of  the  Argen- 
tine. The  judicial  power  is  vested  in  a  supreme  court  of  justice,  and  in  district  and 
circuit  courts.  The  number  of  judges  of  the  supreme  court  is  prescribed,  eleven 
judges,  four  supernumaries,  one  fiscal,  and  one  attorney-general.  Their  term  of  office 
is  six  years,  and  their  election  indirect  in  the  first  degree.  The  cjualifications  are  less 
exacting  than  in  the  Argentine ;  to  be  a  judge  one  must  "  be  learned  in  the  science  of 
the  law  in  the  judgment  of  the  electors,  more  than  thirty-five  years  old,  and  a  Mexican 
citizen  by  birth,  in  the  exercise  of  his  rights."  Constitution  of  Mexico,  Arts.  90,  91, 
92  and  93. 

In  Colombia,  the  constitution  provides  for  a  supreme  court  for  superior  district 
tribunals  and  "  such  other  tribunals  and  inferior  courts  as  may  be  established  by  law." 
The  number  of  judges  is  limited  to  seven,  who  hold  office  during  good  behavior  and 
are  appointed  by  the  president.  The  qualifications  are  that  they  must  be  Colombians 
by  birth,  thirty-five  years  old,  and  must  have  presided  as  judges  in  one  of  the  superior 
district  tribunals,  or  have  pursued,  with  credit,  the  profession  of  law  for  five  years  at 
least,  or  have  been  professors  of  jurisprudence  in  some  public  institution.  Constitution 
of  Colombia,  Arts.  60,  146,  147  and  150. 

In  Ecuador,  the  constitution  provides  for  a  supreme  court,  for  superior  courts,  for 
trial  by  jury,  and  for  "such  tribunals  and  courts  as  the  constitution  and  the  law  estab- 
lish." The  term  of  office  is  six  years,  with  the  privilege  of  re-election  indefinitely. 
The  judges  of  the  supreme  court  are  elected  by  congress.  Their  qualifications  are  the 
same  as  in  the  Argentine.     Constitution  of  Ecuador,  Arts.  107,  108  and  110. 

The  constitution  of  Chile  provides  that  all  civil  and  criminal  cases  pertain 
exclusively  to  tribunals  established  bylaw.  The  term  of  office  of  judges  in  the  superior 
court  is  during  good  behavior ;  they  are  appointed  by  the  president.  A  law  determines 
their  qualifications.    Constitution  of  Chile,  Arts.  73,  clause  7,  99,  loi  and  103. 


THE  ARGENTINE  REPUBLIC.  43 

and  investigating  all  cases  which  relate  to  points  touched  upon 
in  the  constitution,  and  to  all  laws  of  the  nation,  with  the  excep- 
tion made  by  clause  1 1  of  Art.  67,  and  to  treaties  with  foreign 
nations  ;  to  cases  concerning  ambassadors,  public  ministers  and 
foreign  consuls ;  to  all  cases  of  admiralty  and  maritime  jurisdic- 
tion ;  to  all  cases  to  which  the  nation  is  a  party ;  to  all  cases 
arising  between  two  or  more  provinces,  between  a  province  and 
citizens  of  another  province,  between  citizens  of  different  provinces, 
between  a  province  or  its  citizens  and  a  foreign  citizen  or  state. 

Art.  ioi.  In  these  cases  the  supreme  court  shall  exercise 
appellate  jurisdiction  according  to  the  rules  and  exceptions  pre- 
scribed by  congress ;  but  in  all  affairs  concerning  ambassadors, 
ministers  and  foreign  consuls,  and  in  any  case  where  a  province 
is  a  party  it  shall  exercise  original  jurisdiction  exclusively. 

Art,  102.  All  ordinary  criminal  cases  which  do  not  arise 
from  the  right  of  impeachment  granted  to  the  chamber  of  dep- 
uties, shall  be  tried  before  juries  as  soon  as  this  institution  is 
established  in  the  republic.  The  trial  of  such  cases  shall  be 
held  in  the  same  province  where  the  act  is  committed ;  but  if  it 
is  committed  outside  the  limits  of  the  nation  against  the  law  of 
nations,  congress  shall  determine  by  a  particular  law  the  place 
where  justice  shall  be  administered. 

Art.  103.  Treason  against  the  nation  shall  consist  only  in 
taking  up  arms  against,  or  uniting  with  its  enemies  and  lending 
them  help  and  succor.  Congress  shall  determine,  by  a  special 
law,  the  penalty  for  this  crime ;  but  it  shall  not  work  corruption 
of  blood,  nor  shall  the  opprobrium  of  the  criminal  extend  to  any 
relative  of  any  degree. 

TITLE  II.— THE  GOVERNMENT  OF  THE  PROVINCES. 

Art.  104.  The  provinces  reserve  all  powers  which  are  not 
delegated  by  this  constitution  to  the  federal  government,  and 
which  have  not  been  expressly  reserved  by  special  treaties  at  the 
time  of  its  incorporation. 

Art.  105.  They  have  their  own  local  institutions  and  govern 
themselves  by  them.  They  elect  their  governors,  legislators 
and  other  functionaries  of  the  province  without  the  intervention 
of  the  federal  government. 


44  THE  CONSTITUTION  OF 

Art.  io6.  Each  province  frames  its  own  constitution  in 
accordance  with  the  dispositions  in  Art.  5. 

Art.  107.  With  the  consent  of  congress,  provinces  may 
enter  into  treaties,  with  the  object  of  administering  justice,  for 
economic  interests  and  works  of  common  profit ;  they  may  pro- 
mote, by  means  of  protective  laws,  industry,  immigration,  build- 
ing of  railroads  and  navigable  canals,  colonization  of  lands 
belonging  to  the  province ;  the  introduction  and  establishment 
of  new  industries,  the  importation  of  foreign  capital,  and  the 
exploration  of  rivers. 

Art.  108.  The  provinces  do  not  exercise  any  power  which 
is  delegated  to  the  nation.  They  cannot  enter  into  treaties  of  a 
political  character ;  nor  make  laws  relating  to  commerce,  nor  to 
interior  or  foreign  navigation ;  nor  establish  provincial  custom 
houses,  nor  coin  money,  nor  establish  banks  with  the  power  of 
issuing  bank-notes,  without  the  authority  of  congress ;  nor  have 
they  the  power  to  dictate  civil,  commercial,  penal  or  mining 
codes  after  such  laws  have  been  passed  by  congress ;  nor  to  dic- 
tate special  laws  concerning  citizenship  and  naturalization,  bank- 
ruptcy, counterfeiting  of  coin  or  securities  of  the  state ;  nor  to 
lay  any  duty  of  tonnage ;  nor  to  arm  ships  of  war,  nor  to  raise 
troops  except  in  case  of  invasion,  or  such  times  ol  imminent 
peril  that  admit  of  no  delay,  afterwards  rendering  an  account  to 
the  federal  government ;  nor  to  appoint  or  receive  foreign  agents  ; 
nor  to  admit  any  new  religious  orders. 

Art.  109.  No  province  can  declare  or  make  war  with 
another  province.  Its  complaints  must  be  submitted  to  the 
supreme  court  of  justice  and  adjusted  by  it.  These  acts  of  hos- 
tility are  acts  of  civil  war,  belonging  to  the  category  of  sedition 
or  tumult,  that  the  federal  government  ought  to  choke  and 
repress  according  to  law. 

Art.  1 10.  The  governors  of  the  province  are  the  legitimate 
agents  of  the  federal  government,  for  the  purpose  of  enforcing 
the  observance  of  the  constitution  and  the  laws  of  the  nation. 

Done  in  accordance  with  the  reforms  sanctioned  by  the 
National  Convention,  in  consequence  of  the  provisions  of  Art. 
9,  of  the  convention  of  June  6th  of  the  current  year. 


THE  ARGENTINE  REPUBLIC.  45 

To  be  executed  and  published  throughout  the  territory  of 
the  nation. 

Assembly  hall  of  the  National  Convention,  in  the  city  of 
Santa  Fe,  on  the  25th  day  of  the  month  of  September,  in  the 
year  i860. 

Mariano  FragOeiro. 
Lucio  V.  Mansillo,  Carlos  M.  Saravia, 

Secretary.  Secretary. 


Department  of  the  ) 


Interior.  j  Parana,  October  i,  i860. 

To  be  accepted  as  the   fundamental   law  of    the  Argentine 
Nation,  to  be  published  and  circulated. 

Derqui, 

Juan  Pujol, 
Emilio  de  Alvear, 
Norbeeto  de  la  Riestra, 
Jose  S.  de  Olmos, 
Jose  Maria  Francia. 


46  THE  CONSTITUTION  OF 

AMENDMENTS. 

The  National  Convention  enacts  the  following  : 

1.  That  part  of  Article  4  of  the  national  constitution,  which 
reads  :  "Until  1866  in  conformity  with  the  enactments  of  Art. 
67,  Clause  I."  shall  be  suppressed,  and  instead  said  article  shall 
be  rendered  in  the  following  terms  :  "  The  federal  government 
provides  for  the  expenses  of  the  nation  from  the  funds  of  the 
national  treasury,  consisting  of  money  accruing  from  import  and 
export  duties  ;  the  sale  or  lease  of  national  lands  ;  postal  revenue 
from  mails  ;  taxes  which  the  general  congress  may  equitably  and 
proportionately  levy  on  the  people  ;  loans  and  bills  of  credit  by 
the  same  congress  for  the  needs  of  the  nation,  or  for  enterprises 
of  national  benefit." 

2.  Likewise  the  last  part  of  Clause  i.  Article  67,  which  reads  : 
"  Until  1866,  at  which  time  they  will  cease  as  a  national  tax,  the 
same  being  prohibited  as  provisional  taxes,"  shall  be  suppressed, 
and  therefore  said  clause  will  read  :  "  To  legislate  concerning 
custom  houses  (aduanas  exteriores)  and  to  establish  import 
duties,  which  duties,  as  well  as  the  valuations  upon  which  they 
are  based,  shall  be  uniform  throughout  the  nation  ;  it  being 
understood  that  this  as  well  as  other  national  duties,  may  be 
paid  in  the  currency  of  the  respective  provinces  to  the  full  value. 
To  establish  equably  the  duties  on  exports." 

3.  To  be  communicated  to  the  federal  government  of  the 
republic,  that  it  may  be  executed  in  all  the  territory  of  the 
nation,  and  to  be  published. 

Assembly  Hall  of  the  National  Convention  in  the  city  of 
Santa  Fe,  on  the  twelfth  day  of  month  of  September  of  1 866. 

Mariano  FragOeiro,  President. 
Juan  A.  Barbeito,  Secretary. 

J.  J.  MoNTES  De  Oca,  Secretary. 


THE  ARGENTINE  REPUBLIC.  47 


BIBLIOGRAPHY. 


American  State  Papers  ;  Foreign  Affairs,  Vol.  IV. 

Arosemena :   Constituciones  Politicas. 

Account  of  Rio  de  la  Plata  :    London,  1825. 

Cervantes  ;  Estudios  sobre  el  Rio  de  la  Plata. 

Child  ;  South  American  Republics. 

Conquest  of  La  Plata  ;  Hukluyt  Society. 

Consular  Reports,  U.  S. 

Dictionaire  de  I'Economie  Politique. 

Escriche  ;  Diccionario  de  Legislacion. 

Turner  ;  Argentina  and  the  Argentines. 

Winsor ;  Narrative  and  Critical  History  of  America. 

Periodicals  : 

London  Times. 

Macmillan's  Magazine,  Sept.,  1890. 

North  American  Review. 

Saturday  Review,  March  and  July,  1890. 


Part  11. 


THE  CONSTITUTION 

OF  THE 

UNITED  STATES  OF  BRAZIL 


NOTE. 

The  Constitution  of  Brazil  has  been  translated  from  the  Portugese 
and  the  translation  compared  with  that  issued  by  the  Bureau  of 
American  Republics. 


I. 

HISTORICAL  INTRODUCTION. 

The  history  of  all  the  Spanish  American  Republics  is  much 
alike.  In  each  we  hear  the  story  of  discovery,  of  brilliant  and 
cruel  conquest,  of  oppressive  colonial  rule,  of  awakening  inde- 
pendence, of  long  struggling  for  freedom,  and  of  energetic  though 
often  misdirected  efforts  to  establish  constitutional  government. 
The  history  of  the  Portuguese  American  republic  differs  from 
that  of  her  sisters  in  many  respects,  but  the  same  strong  family 
traits  are  there,  and  democratic  instincts  have  brought  her  out  of 
imperialism  into  republicanism. 

A  sudden  storm  at  sea  gave  Brazil  to  Portugal.  This 
immense  country  was  first  discovered  by  a  Spaniard,  Vicente 
Yanez  Pinzon,  in  January  of  1500.  He  landed  and  solemnly 
took  possession  in  the  name  of  his  king.  Just  two  months  after- 
wards a  great  expedition  was  fitted  out  by  Emanuel,  King  of 
Portugal,  and  placed  under  command  of  one  Cabral.  The  pur- 
pose of  this  expedition  was  to  round  the  southern  coast  of  Africa 
and  sail  to  the  Indian  Seas.  Before  they  were  many  days  out  a 
tempest  arose,  and  the  fleet  was  blown  far  out  in  the  western 
ocean.  After  some  days,  on  April  24,  1500,  they  sighted  an 
unknown  country ;  it  was  Brazil.  Spain  was  forced  to  give  up 
her  claim,  for  according  to  the  Bull  of  Alexander  VI.,  and  by 
the  convention  of  Tordesillas  [June  4,  1494],  the  dividing  line 
between  Portuguese  and  Spanish  possessions  had  been  fixed  at 
47°  32'  56".  All  discoveries  east  of  this  line  must  belong  to 
Portugal,  those  west  should  belong  to  Spain. 

The  fact  that  this  territory  belonged  to  Portugal  gave  a  dif- 
ferent stamp  to  its  colonization  and  to  its  development.  Portugal 
was  prosperous,  rich,  and  essentially  a  commercial  country.  In 
contrast  to  warlike  Spain,  she  was  of  a  peaceful  disposition,  and 
was  less  impregnated   with  that  dark   fanaticism   that  had  been 

SI 


5  a  THE  CONSTITUTION  OF 

engendered  by  the  long  struggle  with  the  Saracens.  Therefore 
Brazil  was  not  invaded  by  a  Cortez  burning  with  loyal  ambition 
to  add  new  kingdoms  to  Spain,  or  by  a  Pizarro  spurred  on  by 
love  of  gain  to  commit  unnameable  cruelties.  The  settlement 
and  colonization  were  carried  on  in  a  desultory  sort  of  way,  and 
no  special  administrative  effort  was  made  until  1576,  when  all 
the  Portuguese  colonies  in  America  were  united  under  one 
captain-general,  whose  residence  was  fixed  at  Bahia.  In  1763, 
the  capital  was  changed  to  Rio  de  Janeiro,  and  the  captain-gen- 
eral received  the  title  of  viceroy  of  Portugal.  The  population 
of  the  vice-royalty  consisted  of  Portuguese  adventurers  and 
merchants,  of  large  numbers  of  Jews  banished  from  Portugal  by 
the  Inquisition,  of  negro  slaves,  and  of  criminals. 

Commercial  restrictions,  religious  intolerance,  grievous  defects 
in  the  administrative  system,  no  public  education,  and  a  bitterly 
conservative  spirit  towards  foreigners,  were  the  characteristics 
of  Portuguese  America.  Therefore,  during  the  long  years  of  the 
colonial  period  it  made  but  slight  advance,  and  improved  but 
little  its  great  opportunities.  However,  the  hour  of  independence 
struck  simultaneously  for  it  and  for  its  Spanish-American  neigh- 
bors. 

In  1807  the  French  army,  under  Marshal  Junot,  invaded 
Portugal  with  the  design  of  seizing  the  royal  family.  The  prince 
regent,  Dom  Juan,  had  done  everything  in  his  power  to  avert  the 
coming  storm,  but  in  vain.  Napoleon  had  determined  to  add 
the  whole  of  the  Peninsula  to  his  other  conquests,  and  on  the 
29th  of  November  his  army  was  looking  down  upon  Lisbon. 
Then  the  prince  regent  resolved  upon  emigration  to  Brazil. 
Everything  of  value  was  hastily  embarked  with  the  royal  family, 
and  the  fleet,  escorted  by  an  English  squadron,  set  sail  for 
America,  The  royal  exiles  were  received  with  enthusiasm,  and 
their  presence  proved  a  real  and  important  advantage  to  the 
vice-royalty.  One  of  Dom  Juan's  first  acts  was  to  open  the  ports 
to  commerce  with  all  nations.  He  accomplished  many  other 
reforms,  made  necessary  by  the  fact  that  a  nation  so  far  away 
from  the  seat  of  government  ought  in  many  ways  to  regulate  its 
own  affairs.     By  recognizing  this  principle  he  naturally  fostered 


THE  UNITED  STATES  OF  BRAZIL.  53 

the  idea  of  independence,  which  had  already  taken  root  in  the 
minds  of  the  people.  The  most  important  reform  was  the 
decree  of  December,  1815,  by  which  Brazil  was  declared  to  be 
no  longer  a  colony,  but  an  integral  part  of  the  "United  Kingdom 
of  Portugal,  Algarves,  and  Brazil."  Shortly  after  this  the  queen 
mother  died  and  the  prince  regent  succeeded  to  the  throne  as 
Dom  Juan  VI.  The  revolutionary  movement  in  Portugal  in  1821 
made  it  necessary  for  the  king  to  leave  Brazil.  He  appointed 
his  son,  Dom  Pedro,  a  young  man  of  some  twenty-three  years, 
lieutenant  to  his  majesty  in  the  kingdom  of  Brazil,  and  then  set 
sail  for  home.  The  general  character  of  the  Brazilian  popula- 
tion had  undergone  a  decided  change  since  1808.  With  Dom 
Juan  had  come  a  horde  of  needy  adventurers,  upon  whom  he 
had  bestowed  titles  and  lands.  This  had  given  rise  to  a  new 
class,  an  aristocracy,  who  were  looked  upon  first  with  distrust, 
then  with  hatred,  by  the  native  Brazilians. 

After  Dom  Juan  returned  to  Portugal  the  suspicions  and  fears 
of  the  Portuguese  cortes  were  aroused  concerning  Brazil.  This 
was  owing  partly  because  Dom  Pedro  was  almost  a  Brazilian  by 
education,  and  partly  because  of  the  revolutionary  disturbances 
in  some  of  the  provinces,  especially  in  Pernambuco  and  Bahia. 
As  the  Brazilian  deputies  were  in  the  minority,  the  cortes  were 
able  to  adopt  a  course  of  policy  more  and  more  opposed  to  Bra- 
zilian interests.  They  voted  the  suppression  of  superior  courts 
of  justice  at  Rio  de  Janeiro,  they  attempted  to  make  the 
provinces  depend  directly  upon  Lisbon,  and  in  a  word  they  did 
their  best  to  bring  back  the  colonial  system  with  all  its  worst 
faults. 

The  final  stroke  was  given  when  the  cortes  commanded  Dom 
Pedro  to  return  to  Portugal.  Nothing  was  better  calculated  to 
arouse  the  popular  enthusiasm  for  him.  The  Creoles  rallied 
about  him  and  implored  him  to  remain  in  spite  of  the  repeated 
commands  from  the  cortes.  Imperative  dispatches  were  received 
by  the  prince  when  on  the  road  near  Sao  Paolo  on  the  7th  of  Sep- 
tember, 1822.  He  understood  his  position,  and  exclaiming, 
"  Independencia  ou  morte  !"  struck  the  first  blow  of  the  revolution. 
His  decision  was  received  with  the  greatest  enthusiasm,  and  on 


54  THE  CONSTITUTION  OF 

the  1 2th  of  October,  1822,  he  was  proclaimed  constitutional 
emperor  and  perpetual  defender  of  Brazil.  The  Portuguese  troops 
which  were  stationed  here  and  there  throughout  the  country  made 
only  a  nominal  resistance.  The  next  great  work  was  to  organize 
a  form  of  government.  A  popular  assembly  was  called  by  the 
emperor  in  May,  1823,  to  which  he  addressed  a  message  embody- 
ing most  liberal  ideas,  as  a  basis  for  the  proposed  constitution. 
Unfortunately  there  were  factious  spirits  in  the  assembly  and  noth- 
ing could  be  accomplished.  The  emperor  dissolved  the  body 
and  later  in  the  year  appointed  a  committee  of  ten  who  should 
formulate  a  constitution.  This  constitution  was  accepted  by  the 
emperor  and  by  the  authorities  of  the  nation  on  the  25th  of 
March,  1824,  and  was  well  received  by  the  people.  The  popu- 
larity of  the  emperor  was  not  of  long  duration.  He  seems  never 
to  have  known  how  to  become  the  man  of  the  people,  how  to  make 
himself  entirely  and  truly  a  Brazilian.  At  the  period  of  the  revo- 
lution he  had  at  times  uttered  sentiments  calculated  to  encourage 
a  spirit  of  nationality,  and  his  sincerity  had  been  credited ;  yet 
his  subsequent  employment  of  a  foreign  force,  his  continued  inter- 
ference in  the  affairs  of  Portugal,  his  institution  of  a  secret  cabi- 
net, and  his  appointment  of  naturalized  Portugese  to  the  highest 
offices,  to  the  apparent  exclusion  of  the  Creoles,  gave  rise  to  the 
universal  impression  that  the  emperor  himself  was  still  a  Portu- 
gese at  heart.  The  native  Brazilians  grew  restive  under  a  govern- 
ment which  seemed  to  be  carried  on  in  the  interests  of  a  foreign 
party.  They  accordingly  broke  out  in  open  rebellion  in  many 
parts  of  the  empire,  and  after  several  fruitless  efforts  at  repression 
the  emperor  found  himself  in  a  painful  and  humiliating  situation. 
On  the  6th  of  April,  1831,  the  patriots  held  an  assembly  and 
demanded  that  a  new  ministry  be  formed.  The  emperor  replied 
by  assuring  them  that  the  administration  was  perfectly  constitu- 
tional. But  scarcely  had  the  justice  of  the  peace,  who  was  com- 
missioned to  read  the  emperor's  message,  finished,  than  the  docu- 
ment was  torn  from  his  hands  and  trampled  under  foot.  The 
excitement  increased,  the  ranks  of  the  insurgents  were  reinforced, 
and  finally  the  emperor  was  forced  to  submit.  On  the  7th  of 
April  he  signed  his  abdication  in  favor  of  his  son  Dom  Pedro  de 


THE  UNITED  STATES  OF  BRAZIL.  55 

Alcantara,  a  boy  of  six,  and  embarked  for  Portugal.  The  revo- 
lution of  the  7th  of  April  was  not  a  local  one,  and  it  was  not 
solely  against  an  individual.  It  was  a  manifestation  of  the  repub- 
lican idea  which  before  this  time  had  shown  itself  in  different 
states  of  Brazil.  In  Minas  Geraes  there  had  been  an  insurrection 
against  monarchy  in  1792.  In  1801  there  was  a  movement  in 
Bahia,  and  in  18 17  there  was  an  organized  revolution  against  the 
provincial  government  in  Pernambuco.  The  leaders  of  the  7th 
of  April  were  those  men  who  believed  it  possible  to  have  a  con- 
stitutional government,  with  an  emperor  at  the  head  who  would 
obey  their  behests.  For  nine  years  the  country  was  governed  by 
a  regency,  and  there  was  ample  opportunity  for  the  warring  of 
factions.  Some  important  constitutional  changes  were  brought 
about  in  1834.  One  of  these  created  annual  assemblies  in  the 
provinces,  instead  of  the  general  councils  before  held.  The  mem- 
bers of  these  assemblies  were  to  be  elected  once  in  two  years. 
Another  reform  abolished  the  triple  regency  and  conferred  that 
office  upon  a  single  individual,  to  be  elected  every  four  years. 

The  year  1840  was  signalized  by  a  new  and  startling  revolu- 
tion, which  resulted  in  the  abolition  of  the  regency.  The  emperor 
Dom  Pedro  II.  was  now  in  his  fifteenth  year,  and  the  political  party 
opposed  to  the  regent  and  the  existing  ministry  proposed  to 
declare  the  emperor's  minority  expired  and  to  place  him  in  full 
possession  on  the  throne.  The  constitution  limited  the  minority 
at  eighteen  years,  and  the  legislature  had  no  power  to  amend  or 
overstep  the  constitution.  The  debate  upon  the  motion  to  declare 
the  emperor  of  age  began  in  the  chamber  of  deputies  early  in 
July.  At  first  it  turned  principally  upon  constitutional  objections. 
The  deputies  grew  excited,  language  became  violent,  the  populace 
was  aroused,  and  on  the  23rd  of  July  the  regency  was  declared 
abolished. 

As  is  nearly  always  the  case,  the  very  ones  who  were  instru- 
mental in  helping  Dom  Pedro  to  declare  himself  master,  failed  to 
enjoy  for  any  length  of  time  the  fruits  of  their  devotion  to  the 
prince.  Very  soon  he  dismissed  the  liberal  ministry  and  called 
into  power  the  conservatives,  without  any  other  reason  than  his 
own  g  ood  pleasure. 


S^  THE  CONSTITUTION  OF 

A  monarchy  was  out  of  place  in  South  America,  surrounded 
as  it  was  by  republican  governments,  and  itself  not  a  natural 
growth  but  transplanted  from  another  land.  The  present  repre- 
sentative of  the  monarchical  system  did  not  by  his  conduct, 
during  his  long  reign  of  more  than  fifty  years,  justify  the  claim 
of  such  a  government  to  political  existence.  His  policy,  if  it 
could  be  said  that  he  had  any,  was  a  personal  one.  It  consisted 
in  ignoring  men  of  true  worth,  and  elevating  those  who  knew 
how  to  be  servile.  The  two  parties,  conservatives  and  liberals, 
to  which  belonged  the  politicians  and  statesmen,  were  called  to 
office  in  turn  at  the  caprice  of  the  emperor.  The  natural  result 
of  this  was,  that  men  became  unscrupulous,  and  had  no  party 
principles.  His  financial  policy  was  marked  by  the  same  heed- 
lessness of  consequences.  There  was  a  constant  deficit  in  the 
national  accounts,  and  paper  money  was  issued  with  a  reckless 
disregard  of  its  steady  depreciation. 

His  attitude  on  the  slave  question  alienated  many  of  his  sub- 
jects. Frequent  movements  were  made  during  his  reign  towards 
the  abolition  of  slavery,  but  he.  in  league  with  the  planters, 
steadily  opposed  them.  It  was  not  until  he  was  convinced  by 
the  stern  logic  of  England's  cannon  that  he  agreed  in  1871  to 
declare  free  all  children  of  slaves. 

He  carried  on  various  unreasonable  and  expensive  wars 
against  the  neighboring  republics.  It  would  have  been  natural 
to  suppose  that  a  country  as  large  and  powerful  as  Brazil  would 
have  pursued  the  generous  policy  of  protecting  her  weaker 
neighbors  against  the  stronger.  But  the  emperor  never  did  this 
without  imposing  the  most  humiliating  conditions.  He  con- 
sidered the  wars  waged  between  the  republics  a  pretext  for 
diverting  his  own  subjects  from  dwelling  too  much  on  internal 
affairs.  He  carried  on  a  policy  of  centralization  by  forced  con- 
stitutional changes,  and  false  constitutional  interpretations.  The 
municipalities  were  deprived  of  their  right  to  elect  their  own 
judicial  and  administrative  officers.  The  provinces  were  robbed 
of  all  privileges  which  could  arise  from  their  provincial  assemb- 
lies. The  emperor  appointed  the  presidents,  secretaries,  prefects 
of  police,  and  the  commanders  of  the  provincial  forces.     In  fact, 


THE  UIVITED  STATES  OF  BRAZIL.  57 

the  imperial  system  outrivalled  in  its  rigidity  and  oppression  the 
old  colonial  days.  Dom  Pedro  was  living  a  hundred  years  after 
his  time,  and  with  blind  eyes  failed  to  read  the  lessons  of  the 
republics  about  him.  These  faults  in  the  imperial  system, 
together  with  certain  strong  manifestations  of  the  republican 
idea,  brought  about  the  fall  of  monarchy  and  established  a  new 
form  of  government. 

About  the  year  1870  there  began  to  be  established  through- 
out Brazil  journals  with  a  distinctly  republican  tone.  This  was 
especially  true  of  the  provincial  journals,  for  they  could  exercise 
more  freedom  than  those  of  the  capital.  A  few  of  the  more 
ardent  spirits  issued  a  manifesto,  signed  by  their  own  names,  in 
which  they  said:  "We  come  before  our  countrymen  with  firm- 
ness and  resolution,  to  lift  the  curtain  from  before  the  republican 
federative  party.  We  are  of  America,  we  must  be  Americans." 
Before  the  revolution  of  1889  there  had  been  established  seventy 
journals  of  avowed  republican  principle.  They  had  a  powerful 
influence  in  bringing  about  the  revolution. 

Another  strong  indication  of  republicanism  was  the  abolition 
campaign  of  1880.  The  emperor,  as  has  been  noted,  signed  an 
act  in  1 87 1  granting  partial  emancipation  ;  but  the  provisions  of 
the  act  had  not  been  vigorously  enforced,  and  the  abuses  of  the 
system  had  continued.  Voice  was  given  to  the  movement  by  a 
deputy  from  the  province  of  Sao  Paolo,  who  introduced  a  bill  in 
the  chamber  modifying  the  penal  code.  In  his  speech  he  exposed 
some  of  the  cruelties  that  were  practiced  upon  slaves  in  the 
plantations  and  the  mines.  The  indignation  of  the  deputies  was 
aroused,  and  at  their  cry  of  righteous  anger  the  country  arose. 
Societies  were  organized,  and  propagandists  went  about  preach- 
ing the  doctrine  of  freedom  to  the  oppressed.  The  campaign 
resulted  in  a  complete  victory  for  the  abolitionists,  and  some  of 
the  leaders  immediately  sought  to  give  a  political  significance  to 
this  enthusiasm  for  liberty  which  agitated  the  whole  country. 

Another  fact  that  gave  strength  to  the  republican  movement 
was  that  the  heir  to  the  throne,  the  emperor's  daughter,  was 
exceedingly  unpopular.  Fate  seemed  to  conspire  against  a  con- 
tinuation of  the  monarchy. 


58  THE  CONSTITUTION  OF 

Finally  the  army  became  disaffected,  republican  principles 
were  freely  discussed,  and  nearly  all  the  younger  officers  became 
ardent  republicans. 

The  revolution  of  the  15th  of  November,  1889,  which  gave 
to  Brazil  its  present  constitution,  was  thus  the  natural  result  of 
causes  which  had  been  at  work  for  a  century.  Though  long 
behind  her  sisters  in  declaring  a  republican  form  of  government, 
she  finally  accomplished  it  by  a  bloodless  revolution.  On  the 
morning  of  that  day  Benjamin  Constant,  who  had  been  the  lead- 
ing republican  thinker  for  the  last  five  years,  appeared  by  the 
side  of  General  Deodoro  da  Fonseca  at  the  head  of  several 
regiments.  They  marched  to  the  place  where  the  ministry  was 
in  session,  and  the  national  troops  stationed  there  fraternized 
with  them.  They  demanded  the  dissolution  of  the  ministry,  and 
the  ministers  immediately  sent  a  communication  to  Petropolis, 
where  the  emperor  was  at  that  time,  offering  their  resignations. 
The  people  took  up  the  cry  of  "  Long  live  the  army,  long  live 
the  Republic!"  They  met  together  in  a  popular  assembly,  and 
formulated  an  address  to  the  army  and  navy:  "We  have  the 
honor  to  inform  you  that  after  the  noble  and  glorious  resolu- 
tion by  which  the  monarchy  has  ipso  facto  been  overturned,  the 
people  met  together  in  the  palace  of  the  municipal  council,  in 
accordance  with  the  laws  yet  in  force,  have  declared  complete 
the  act  abolishing  the  monarchy,  and  accordingly  the  youngest 
councillor,  following  the  provisions  of  our  laws,  declares  for 
Brazil  a  new  form  of  government — the  Republic.  The  under- 
signed hope  that  the  patriots  of  the  army  will  approve  of  the 
popular  initiative  by  immediately  decreeing  this  new  republican 
form  of  government."  The  military  leaders  joined  with  the 
people,  a  provisional  government  was  constituted  with  General 
Fonseca  at  the  head,  and  the  constitution  of  the  United  States  of 
Brazil  was  framed. 


THE  UNITED  STATES  OF  BRAZIL.  59 


II. 

OUTLINE     OF     CONTENTS. 


TITLE   I.— OF  THE   FEDERAL  ORGANIZATION. 

SECTION    I. OF    THE    LEGISLATIVE    AUTHORITY. 

Chapter      I. — General  Dispositions. 

Chapter    II. — Of  the  Chamber. 

Chapter  III. — Of  the  Senate. 

Chapter  IV. — Of  the  Attributes  of  the  Congress. 

Chapter    V. — Of  Laws  and  Resolutions. 

SECTION    II. OF    THE    EXECUTIVE    POWERS. 

Chapter     I. — Of  the  President  and  Vice-President. 
Chapter    II. — Of  the  Election  of   President  and  Vice- Presi- 
dent. 
Chapter  III. — Of  the  Attributes  of  the  Executive  Powers. 
Chapter  IV. — Of  the  Ministers  of  State. 
Chapter    V. — Of  the  Impeachment  of  the  President. 

SECTION    III. OF    THE    JUDICIAL    POWERS. 

TITLE     II.— OF  THE  STATES. 

TITLE  III.— OF  THE  MUNICIPALITY. 

TITLE  IV.— OF  BRAZILIAN  CITIZENS. 

SECTION    I. OF    THE    QUALIFICATIONS    OF    BRAZILIAN    CITIZENS. 

SECTION    II. DECLARATION    OF    RIGHTS. 

TITLE    v.— GENERAL    PROVISIONS. 


TEMPORARY    PROVISIONS. 


6d  THE  CONSTITUTION  OF 


III. 

CONSTITUTION  OF  THE   UNITED  STATES  OF 

BRAZIL. 


TITLE   I.— OF  THE   FEDERAL  ORGANIZATION. 

Art.  I.  The  Brazilian  nation  adopting  as  a  form  of  govern- 
ment the  federative  republic,'  proclaimed  by  Decree  No.  i,  of 
November  15,  1889,  constitutes  itself,  by  a  perpetual  and  indis- 
soluble union  between  the  former  provinces,  into  the  United 
States  of  Brazil. 

Art.  2.  Each  of  the  former  provinces  will  constitute  a  state, 
and  the  former  neutral  municipality  will  constitute  the  federal 
district,  continuing  to  be  the  capital  of  the  Union  so  long  as 
congress  shall  not  otherwise  determine. 

If  congress  shall  resolve  upon  the  removal  of  the  capital,  the 
territory  having  been  chosen  for  this  purpose,  with  the  assent 
of  the  state  or  states  from  which  it  shall  be  dismembered,  the 
present  Federal  District  will  by  this  act  become  a  state. 

Art.  3.  The  states  may  be  mutually  incorporated,  be  sub- 
divided or  dismembered,  to  be  annexed  to  others,  or  to  form  new 
states,  in  accordance  with  the  consent  of  the  respective  local 
legislatures  for  two  consecutive  years,  and  the  approval  of  the 
National  Congress. 

Art.  4.  To  each  state  pertains  the  duty  of  providing,  at  its 
own  expense,  for  the  needs  of  its  own  government  and  administra- 
tion, the  Union  having  power  to  grant  subsidies  only  in  excep- 
tional cases  of  public  calamity. 

'  The  government  is  a  monarchy,  hereditary,  constitutional  and  representative." 
Pol.  Const,  of  the  Empire  of  Brazil,  Art.  3. 


THE  UNITED  ^ATES  OF  BRAZIL.  6  I 

Art.   5.     The    Federal  Government  can  not  intervene  in  the 
nternal  affairs  of  the  state,  except 

(i)  To  repel  foreign  invasion,  or  invasion  from  one  state 
into  another  ; 

(2)  To  maintain  the  republican  federative  form  of  govern- 
ment ; 

(3)  To  re-establish  order  and  tranquillity  in  the  states  upon 
requisition  of  the  local  authorities  ; 

(4)  To  insure  the  execution  of  laws  of  congress,  and  com- 
pliance with  federal  decrees. 

Art.  6.     It  exclusively  pertains  to  the  Union  to  decree : 

( 1 )  Taxes  upon  importations  of  foreign  production  ; 

(2)  Entry,  clearance  and  port  dues  of  ships;  the  coast- 
wise commerce  being  free  to  domestic  merchandise  as 
well  as  to  foreign  upon  which  import  duties  have  been 
already  paid  ; 

(3)  Stamp  taxes ; 

(4)  Postal  and  telegraphic  contributions; 

(5)  The  creation  and  maintenance  of  custom  houses; 

(6)  The  establishment  of  banks  of  issue. 

The  laws,  acts  and  sentences  of  authorities  of  the  Union 
will  be  executed    throughout   the   country  by  federal 
officers. 
Art.  7.     It    is    prohibited    to    the    Federal   Government    to 
create  distinctions   and  preferences  in  favor  of  the  ports  of  one 
state  against  those  of  the  others  by  fiscal  or  commercial  regula- 
tions. 

Art.  8.     It  exclusively  pertains  to  the  state  to  decree  taxes: 
(i)   Upon  the  exportation  of  merchandise  which  shall  not 
be  from  other  states  ; 

(2)  Upon  landed  property  ; 

(3)  Upon  the  transfer  of  property. 

Sec.  I.  The  produce  of  other  states  is  exempt  from  taxes 
in  the  state  through  which  it  passes  for  export. 

Sec.  2.  From  1895  forward  all  duties  on  exportations  will 
cease. 

Sec.  3.     It  is  lawful  for  a  state  to  tax  the  importation    of 


62  THE  CONSTITUTION  OF 

foreign  merchandise  only  when  it  is  destined  for  con- 
sumption in  its  own  territory,  the  product  of  the  tax, 
however,  reverting  to  the  federal  treasury. 
Art.  9.     It  is  prohibited  to  the  states  to  tax  in  any  manner, 
or  to  embarass  with  whatsover  obstacle  or  charge,  legislative  or 
administrative,  the  acts,  institutions  or  services   established  by 
the  government  of  the  union. 

Art.   10.     It  is  prohibited  to  the  states  as  well  as  the  Union: 

( 1 )  To  create  taxes  on  the  transit  through  the  territory  of 
the  state,  or  in  the  passage  from  one  to  another,  upon 
the  products  of  other  states  of  the  Republic,  or  foreign 
countries,  as  well  as  upon  the  vehicles,  of  land  or  water, 
by  which  they  are  carried ; 

(2)  To  establish,  aid  or  embarrass  the  exercise  of  religious 

worship ; 

(3)  To  enact  retro-active  laws. 

Art.  II.  In  the  questions  which  pertain  concurrently  to  the 
government  of  the  Union  and  the  government  of  the  states,  the 
exercise  of  authority  by  the  first  will  stay  the  action  of  the 
second,  and  annul  thenceforward  the  laws  and  dispositions 
emanated  therefrom. =* 

Art.  12.  Beyond  the  sources  of  revenue  specified  in  Arts. 
6  and  8  it  is  lawful  for  the  Union,  as  well  as  for  the  states,  to 
create  others  not  in  contravention  to  Arts.  7,  9  and  19,  Sec.  i. 

Art.  1 3.  The  right  of  the  Union  and  of  the  states  to  legislate 
upon  railways  and  internal  navigation  will  be  regulated  by  a  law 
of  the  National  Congress. 

Art.  14.  The  land  and  naval  forces  are  permanent  national 
institutions,  destined  to  the  defence  of  the  country  abroad  and 
the  maintenance  of  the  laws  at  home.     Within  the  limits  of  the 

*The  organization  and  administration  of  the  provinces  of  the  empire  were  essen- 
tially different  from  the  methods  of  the  republic.  According  to  the  imperial  constitution 
the  territory  was  divided  into  provinces,  subject  to  re-division  as  the  good  of  the  state 
demanded,  and  provincial  councils  were  held  in  a  manner  appointed  by  law,  to  propose, 
discuss  and  deliberate  upon  provincial  affairs.  It  was  forbidden  them  to  propose  or 
deliberate  concerning  the  general  welfare  of  the  nation,  concerning  disputes  between 
provinces,  concerning  taxes  or  the  execution  of  the  laws.  The  presidents  of  the  pro- 
vinces were  appointed  by  the  Emperor,  and  were  removable  when  the  interests  of  the 
state  demanded  it.    Pol.  Const,  of  the  Empire  of  Brazil,  Arts.  2,  72,  83  and  165. 


THE  UNITED  STATES  OF  BRAZIL.  63 

law,  the  armed  force  is  obedient  each  rank  to  its  superior,  and  is 
obliged  to  sustain  the  constitutional  institutions. 

Art.  15.  The  legislative,  executive  and  judicial  authori- 
ties, harmonious  and  independent,  correlatively,  are  organs  of  the 
national  sovereignty .3 

SECTION— I.    OF    THE    LEGISLATIVE    AUTHORITY. 
CHAPTER    I. GENERAL    DISPOSITIONS. 

Art.  16.  The  legislative  authority  is  exercised  by  the 
National  Congress,  with  the  sanction  of  the  President  of  the 
Republic. 

Sec.  I.     The    National    Congress    is    composed    of    two 
branches :  the  Chamber  of  Deputies  and  the  Senate. 

Sec.  2.     The  elections  for  senators  and  deputies  to  the 
Chamber  will  be  held  simultaneously  throughout  the  country. 
Sec.  3.     No  one  may   be   at  the  same  time  deputy  and 
senator. 

Art.  17.  Congress  will  assemble  at  the  federal  capital 
upon  May  3  every  year,  independent  of  convocation,  and  will 
remain  in  session  for  four  months  from  the  day  of  opening,  the 
executive  being  empowered  to  prorogue  or  to  call  extraordinary 
sessions. 

Sec.  I.     Each  legislature  will  be  of  three  years'  duration.* 
Sec.  2.     In  the  case  of  a  vacancy  occurring  in  congress 
the  authorities  of  the  respective  states  will  immediately  pro- 
ceed to  a  new  election. 

3  The  departments  of  government  recognized  by  the  imperial  constitution  of 
Brazil  were  four :  legislative,  moderative,  executive,  and  judicial.  The  moderative 
power  was  delegated  to  the  Emperor,  that  "  he  may  guard  without  ceasing  the  pre- 
servation of  independence,  the  balance  and  harmony  of  the  political  powers."  The 
moderative  power  was  exercised  in  nominating  senators  from  the  triple  lists,  convoking 
extra  sessions  of  the  general  assembly,  sanctioning  its  resolutions,  passing  upon  the 
resolutions  of  the  provincial  councils,  appointing  or  removing  ministers  of  state,  in 
extending  pardon  to  condemned  criminals,  and  in  declaring  general  amnesty.  Pol. 
Const,  of  the  Empire  of  Brazil,  Arts.  10,  98,  lor,  clauses  1-9. 

*The  duration  of  the  imperial  legislature  was  four  years.  Pol.  Const,  of  the  Empire 
of  Brazil,  Art.   17. 


04  THE  CONSTITUTION  OF 

Art.  1 8.  The  Chamber  and  Senate  will  meet  separately, 
holding  public  sessions  when  the  contrary  may  not  be  decided 
by  the  majority  of  votes  present,  and  will  only  deliberate  when 
there  is  present  in  each  of  the  chambers  an  absolute  majority  of 
its  members. 

Sec.  I.     The   rules  of   the   two   chambers  will    establish 

means  for  compelling  absent  members  to  appear. 

Sec.  2.     Each    of    them    will    verify    and    confirm     the 

powers  of  its  members. 

Art.  19.  Each  of  the  chambers  will  elect  its  officers,  will 
organize  its  own  rules,  prescribing  disciplinary  penalties,  includ- 
ing that  of  temporary  suspension,  for  the  respective  members,  will 
select  its  clerks,  and  will  regulate  its  internal  police  service. 

Art.  20.  The  deputies  and  senators  cannot  be  held  account- 
able for  their  opinions,  words  or  votes  in  the  exercise  of  their 
mandate. 

Art.  21.  The  deputies  and  senators  may  not  be  arrested  or 
prosecuted  criminally,  unless  by  order  of  their  respective 
chamber,  except  w  flagrante  delicto.  And  in  this  case,  the  prose- 
cution being  carried  to  the  point  of  indictment  \^pronuncia  exclu- 
siva\  the  prosecuting  authority  will  remit  the  documents  to  the 
respective  chamber  for  a  decision  as  to  relevancy  of  the  accusa- 
tion, should  the  accused  not  decide  upon  immediate  sentence. 

Art.  22.  The  members  of  the  two  chambers,  upon  taking 
their  seats,  will  enter  into  a  formal  engagement,  in  open  session, 
to  fulfill  their  duties  well. 

Art.  23.  During  the  sessions  the  senators  and  deputies 
will  be  entitled  to  a  pecuniary  compensation,  beyond  mileage, 
fixed  by  congress  at  the  termination  of  each  legislature  for  that 
to  follow.5 

Art.  24.  Members  of  congress  may  not  receive  from  the 
executive  power  remunerated  employments  or  commissions, 
except  they  shall  be  diplomatic  missions,  military  commissions, 
or  offices  of  legal  appointment  or  promotion. 

5  The  compensation  of  deputies  under  the  empire  was  the  same,  but  that  of 
senators  was  fixed  at  "one-half  as  much  again  as  that  received  by  the  deputies."  Pol. 
Const,  of  the  Empire  of  Brazil,    Arts.  39  and  51. 


THE  UNITED  STATES  OF  BRAZIL.  65 

During  legislative  functions  those  of  all  others  cease.^ 
Art.   25.     The     conditions    of     eligibility   to    the    National 
Congress  are  : 

( 1 )  To  be  in  possession  of  electoral  rights  ; 

(2)  To  be  a  Brazilian  citizen  for  over  seven  years  in  the 
case  of  the  chamber,  and  for  more  than  nine  years  in 
the  case  of  the  senate. ^ 

Art.  26.     The  following  are  ineligible  to  the  National  Congress, 
(i)   The  members  of    religious    orders    [^religiosos^   regular 
and  secular,  of  whatever  confession. 

(2)  Governors. 

(3)  Chiefs  of  Police. 

(4)  Commanders  of  garrisons,  together  with  other  military 
functionaries  in  command  of  land  and  naval  forces 
equal  or  superior  to  these. 

(5)  Commanders  of  police  corps. 

(6)  Magistrates,  unless  they  have  been  unemployed  for 
more  than  a  year. 

(7)  Adrfiinistrative  employes  who  may  be  dismissed  inde- 
pendent of  process.^ 

'Senators  and  deputies  could  be  nominated  as  ministers  or  councillors  of  state ; 
in  such  a  case  the  senator  could  retain  his  seat,  but  the  deputy  had  to  resign.  How- 
ever, in  the  case  of  the  deputy  a  new  election  could  be  ordered,  and  if  he  were  re-elected 
he  could  then  hold  both  offices.  Also,  if  when  elected  he  exercised  either  the  office 
of  minister  or  of  councillor  of  state  he  could  combine  both  offices.  All  other  offices 
were  incompatible.    Pol.  Const,  of  the  Empire  of  Brazil,  Arts.  29,  30  and  32. 

7  No  provision  regarding  length  of  time  of  citizenship  was  made  in  the  imperial 
constitution. 

*  Under  the  imperial  constitution  those  ineligible  as  deputies  were,  those  not  having 
a  clear  annual  rental  of  at  least  $240.00,  naturalized  foreigners,  and  those  not  professing 
the  state  religion.  Further  qualifications  were  required  for  senators ;  they  must  be  at 
least  forty  years  of  age,  and  must  be  persons  "  of  wisdom,  ability  and  bravery,  prefer- 
ence being  given  to  those  who  have  served  their  country,  and  they  must  have  an  annual 
rent  of  at  least  $500.00."     Pol.  Const,  of  the  Empire  of  Brazil,  Arts.  45  and  95. 

In  addition  to  the  foregoing  general  dispositions,  the  imperial  constitution  provided 
that  members  of  both  chambers  should  have  the  title  of  "  August  and  Most  Worthy 
Sir."  Art.  16.  It  further  provided  that  the  emperor  had  no  power  to  send  any  deputy 
or  senator  out  of  the  country  during  sessions  of  the  houses  except  in  extraordinary  cases, 
and  then  the  respective  houses  were  to  be  judges  of  the  urgency  of  the  case.  Arts.  33 
and  34.  The  imperial  general  assembly  possessed  other  powers  connected  with  the 
office  of  emperor,  such  as  appointing  a  regent,  recognizing  the  heir  to  the  throne, 
appointing  a  tutor  for  the  emperor  if  in  his  minority,  etc.     Art.  15  clauses  1-7. 


66  THE  CONSTITUTION  OF 

CHAPTER    II. OF   THE    CHAMBER    OF    DEPUTIES. 

Art.  27.  The  Chamber  of  Deputies  is  composed  of  the 
deputies  from  the  federal  district  and  those  from  the  states  in 
the  proportion,  which  may  not  be  reduced,  of  one  for  70,000 
inhabitants,  and  is  elected  by  direct  suffrage. 

For  this  purpose  the  federal  government  will  proceed  within 
three  years  from  the  inauguration  of  the  first  congress,  to  a 
re-census  of  the  population  of  the  Republic,  which  will  be  revised 
every  ten  years .^ 

Art.  28.  To  the  Chamber  pertains  the  initiation  of  all  tax 
laws,  the  fixing  of  land  and  naval  forces,  the  discussion  of  projects 
submitted  by  the  executive  power  and  the  declaration  of  the 
relevancy  or  irrelevancy  of  an  accusation  against  the  President 
of  the  Republic  under  the  terms  of  Art.  52.'° 

CHAPTER    III. OF    THE    SENATE. 

Art.  29.  The  senate  is  composed  of  citizens  eligible  under 
the  conditions  of  Art.  25,  chosen  by  the  state  legislatures  by  a 
plurality  of  votes  to  the  number  of  three  senators  from  each  one." 

9  The  only  provision  made  in  the  imperial  constitution  regarding  the  number  of 
deputies  is  in  Art.  97,  which  reads,  "An  organic  law  shall  regulate  elections  and  .shall 
determine  the  number  of  deputies  according  to  the  population  of  the  empire."  No 
provision  is  made  for  the  mandate  except  that  it  is  limited  {temporal").     Art.  35. 

•°The  imperial  chamber  of  deputies  had  exclusive  power  to  lay  all  taxes,  to  levy 
armies,  and  to  name  a  new  dynasty  in  case  of  ttie  extinction  of  the  reigning  house.  It 
also  had  power  to  hold  a  residencia*  of  the  previous  administration,  and  to  discuss 
acts  proposed  by  the  executive.  As  the  person  of  the  emperor  was  inviolable  he  was 
not  subject  to  impeachment,  but  the  chamber  had  the  exclusive  right  to  decree  the 
impeachment  of  ministers  and  councillors  of  state.  Pol.  Const,  of  the  Empire  of  Brazil, 
Arts.  36,  37,  38  and  99. 

"  Under  the  empire  each  province  returned  half  as  many  senators  as  it  had  depu- 
ties. If  the  number  chanced  to  be  uneven  in  any  province,  it  returned  half  the  next 
lower  even  number.  In  the  case  of  a  province  having  but  one  deputy  it  could  also 
return  one  senator.  Senators  and  deputies  were  elected  indirectly  by  the  provinces. 
All  active  citizens  voted  for  the  provincial  electors  in  the  parochial  assemblies,  and  these 
electors  voted  in  turn  for  the  provincial  and  national  representatives.     They  voted  for 

*In  the  colonial  days  the  viceroys  and  royal  governors  were  subject  to  a  residencia 
at  the  close  of  their  term  of  office.  The  outgoing  official  was  not  permitted  to  leave 
the  country  for  a  certain  length  of  time.  During  this  time  any  one  who  had  any  com- 
plaint against  the  previous  administration  was  given  a  hearing.  The  official  had  to 
answer  such  charges,  and  clear  himself  or  suffer  trial  and  punishment. 


THE  UNITED  STATES  OF  BRAZIL.  67 

The  senators  from  the  federal  district  will  be  elected  in  the 
manner  prescribed  for  the  election  of  the  President  of  the 
Republic. 

Art.  30.  The  senator's  mandate  will  continue  for  nine  years, 
one-third  of  the  senate  to  be  renewed  every  three  years. '^ 

( 1 )  In  the  first  year  of  the  first  legislature,  immediately 
after  organization,  the  senate  will  divide  its  members 
into  three  equal  groups  whose  mandates  will  end  at  the 
termination  of  the  three  triennial  periods  respectively. 

(2)  This  division  will  be  effected  in  the  following  manner  : 
Three  lists  shall  be  made  corresponding  to  the  three 
groups.  The  first  list  shall  contain  the  names  of  those 
senators  who  have  received  the  highest  number  of 
votes  in  the  states  and  in  the  federal  district ;  the  man- 
dates of  these  senators  shall  be  nine  years.  The  second 
list  shall  contain  the  names  of  those  who  have  received 
the  next  highest  number  of  votes  ;  the  mandates  of 
these  senators  shall  expire  at  the  end  of  the  second 
triennial  period.  The  third  list  shall  contain  the 
remainder  of  the  names  ;  the  mandates  of  these  sen- 
ators shall  expire  at  the  end  of  the  first  triennial  period. 

(3)  In  case  of  a  tie  the  oldest  will  be  chosen,  it  being 
decided  by  lot  in  case  of  equality  of  age. 

(4)  The  mandate  of  a  senator  elected  to  fill  a  vacancy  shall 
continue  to  the  end  of  the  unexpired  term. 

Art.  31.  The  Vice-President  of  the  Republic  shall  be  ipso 
facto  the  president  of  the  Senate,  in  which  he  shall  have  only  a 
casting  vote,  and  in  case  of  his  absence  or  disability  his  place 
will  be  taken  by  the  vice-presidents  of  this  chamber.'^ 

Art.  32.     It  pertains  especially  to  the  senate  to  try  the  Pres- 

the  senators  by  triple  lists,  from  which  the  emperor  selected  the  ones  having  the  niajority 
of  votes  in  all  the  lists  together.  Pol.  Const,  of  the  Empire  of  Brazil,  Arts.  41,  43  and 
90. 

"Under  the  imperial  constitution  the  senators  were  elected  for  life.  The  princes 
of  the  imperial  house  had  a  seat  in  the  senate  after  they  had  reached  the  age  of 
twenty-five  years.     Arts.  40  and  46. 

'3  Under  the  empire  the  senate  elected  its  own  president.  Pol.  Const,  of  the 
Empire  of  Brazil,  Art.  21. 


68  THE  CONSTITUTION  OF     ^ 

ident  of  the  Republic,  and  other  federal  functionaries  designated 
by  the  constitution,  in  the  manner  and  form  by  it  prescribed.'^ 

( 1 )  The  senate  when  deliberating  as  a  tribunal  of  justice  will 
be  presided  over  by  the  president  of  the  supreme  Fed- 
eral Tribunal. 

(2)  It  will  not  pronounce  a  condemnatory  sentence,  unless 
two-thirds  of  the  members  be  present. 

(3)  It  may  not  impose  penalties  beyond  the  loss  of  office 
and  prohibition  from  holding  any  other,  without  preju- 
dice to  the  action  of  ordinary  justice  against  the  con- 
demned party. 

CHAPTER  IV. OF  THE  ATTRIBUTES  OF  CONGRESS. 

Art.   33.     It  pertains  especially  to  the  National  Congress. 

1 )  To  estimate  the  revenue  and  fix  the  expenditure  annu- 
ally. 

2)  To  authorize  the  executive  power  power  to  contract  loans 
and  make  other  credit  operations. 

3)  To  legislate  as  to  the  public  debt,  and  establish  means 
for  its  payment. 

4)  To  regulate  the  collection  and  distribution  of  the  national 
revenues. 

5)  To  regulate  international  trade,  as  well  as  that  between 
the  states  and  the  federal  district,  to  create  ports  of 
entry,  and  to  create  and  suppress  bonded  warehouses 
{eTitrepots) . 

6)  To  legislate  as  to  navigation  on  rivers  that  wash  more 
than  one  state,  or  run  through  foreign  territory. 

7)  To  decide  the  weight,  value,  inscription,  standard  and 
denomination  of  coins. 

8)  To  create  banks  of  issue,  legislate  upon  their  currency 
and  regulate  it. 

'9)  To  fix  the  standard  of  weights  and  measures. 

'^The  imperial  senate  had  exclusive  judicial  power  in  the  case  of  transgressions 
conunitted  by  members  of  the  imperial  family,  ministers  of  state,  councillors  of  state, 
and  senators,  and  also  deputies  during  the  period  of  the  legislature.  It  had  also  certain 
other  powers,  such  as  convoking  the  assembly  when  the  emperor  failed  to  do  so,  or  at 
the  time  of  his  death.     Pol.  Const,  of  the  Empire  of  Brazil,  Art.  47. 


THE  UNITED  STATES  OF  BRAZIL.  69 

(10)  Definitely  to  decide  as  to  the  limits  of  states  between 
themselves,  those  of  the  Federal  District  and  those  of 
the  national  territory  with  adjoining  countries. 

(11)  To  decree  the  impeachment  of  the  President  of  the 
Republic  under  the  conditions  of  Art.  52. 

(12)  To  authorize  the  government  to  declare  war  and  to  make 
peace. 

(13)  Definitely  to  decide  as  to  treaties  and  conventions  with 
foreign  nations. 

(14)  To  designate  the  capital  of  the  Union. 

(15)  To  concede  subsidies  to  the  states  under  the  conditions 
of  Art.  4. 

(16)  To  legislate  upon  the  service  of  post-offices  and  tele- 
graphs. 

(17)  To  adopt  the  necessary  measures  for  the  safety  of  the 
frontiers. 

(18)  To  fix  annually  the  land  and  naval  forces. 

(19)  To  regulate  the  composition  of  the  army. 

(20)  To  concede  or  refuse  passage  to  foreign  troops  through 
the  territory  of  the  country  for  military  operations. 

(21)  To  call  out  and  utilize  the  police  force  of  the  states  in 
the  cases  provided  for  by  the  Constitution. 

(22)  To  declare  under  martial  law  one  or  more  localities  of 
the  national  territory,  in  the  emergency  of  attack 
by  foreign  troops,  or  domestic  commotion,  and  to 
approve  and  suspend  such  declarations  by  the  executive 
power  or  its  responsible  agents  in  the  absence  of  con- 
gress. 

(23)  To  regulate  the  conditions  and  process  of  election  of 
federal  officers  throughout  the  country. 

(24)  To  codify  the  civil,  criminal  and  commercial  laws  of 
the  Republic,  and  those  of  procedure. 

(25)  To  fix  the  salaries  of  the  ministers  of   state. 

(26)  To  create  and  abolish  federal  public  offices,  to  deter- 
mine their  powers,  and  to  fix  salaries. 

(27)  To  constitute  tribunals  subordinate  to  the  supreme  fed- 
eral tribunal. 


70  THE  CONSTITUTION  OF 

(28)  To  legislate  against  piracy  and  offences  against  the 
laws  of  nations. 

(29)  To  concede  amnesty. 

(30)  To  commute  and  pardon  penalties  imposed  upon  federal 
functionaries  for  crimes  of  responsibility. 

(31)  To  legislate  upon  public  lands  and  mines. 

(32)  To  enact  special  laws  for  the  federal  district. 

(33)  To  govern  by  special  legislation  those  localities  of  the 
territory  of  the  Republic  needed  for  the  establish- 
ment of  arsenals  or  of  other  institutions  for  federal 
uses. 

(34)  To  legislate  upon  higher  instruction  in  the  federal 
district. 

(35)  To  regulate  the  cases  of  inter-state  extradition. 

(36)  To  be  vigilant  in  the  defence  of  the  constitution  and 
the  laws,  and  to  provide  for  necessities  of  a  federal 
character. 

(37)  To  decree  the  laws  and  resolutions  needful  for  the 
exercise  of  the  powers  with  which  the  constitution 
invests  the  government  of  the  Union. 

(38)  To  decree  the  organic  laws  for  the  complete  execution 
of  the  constitution. 

Art.  34.     Congress  is  also  charged,  but  not  exclusively : 

(i)  To  foster  in   the  country  the   development   of  public 
education,  agriculture,  industry  and  immigration. 

(2)  To  create  institutions  of  higher  and  secondary  educa- 
tion in  the  states. 

(3)  To  promote  primary  and  secondary  education  in  the 
federal  district. 

Any  other  expenses  whatsoever  of  a  local  character  in  the 
capital  of  the  Republic  shall  be  provided  for  exclusively  by  the 
municipal  authority.'^ 

'S  Many  of  the  f)owers  herein  vested  in  congress  were  formerly  vested  in  the 
emperor,  either  in  his  moderative  or  executive  character.  The  powers  indicated  in 
Art.  33,  Clauses  4,  12,  13,  19,  26,  29  and  30,  were  substantially  vested  in  the  Emperor. 
Pol.  Const,  of  the  Empire  of  Brazil ;  Art.  102,  Clauses  13,  9,  8,  5,  4 ;  Art.  loi,  Clauses 
9  and  8. 


THE  UNITED  STATES  OF  BRAZIL.  7 1 

CHAPTER  V. OF  LAWS  AND  RESOLUTIONS. 

Art.  35.  All  projects  of  laws  may  originate  without  dis- 
tinction, observing  the  exceptions  of  Art.  28,  in  either  the 
Senate  or  the  Chamber,  by  the  initiative  of  any  of  its  members, 
or  by  proposal  in  a  message  from  the  executive  power. 

Art.  36.  A  project  of  law,  passed  by  one  of  the  chambers, 
will  be  submitted  to  the  other ;  and  the  latter,  if  it  be  approved, 
will  send  it  to  the  executive  power,  who,  if  he  approves,  shall 
sanction  and  promulgate  it. 

Sec.  I.  If,  however,  the  President  of  the  Republic  shall 
consider  it  unconstitutional  or  contrary  to  the  interests  of  the 
nation,  he  must  oppose  it  by  his  veto  within  ten  working 
days  from  that  upon  which  he  received  the  project,  returning 
it  within  the  said  time  to  the  chamber  wherein  it  originated, 
together  with  the  reasons  for  refusal. 

Sec.  2.  The  silence  of  the  executive  power  upon  the 
tenth  day  signifies  a  sanction,  except  in  case  the  said  period 
expires  after  the  closing  of  Congress. 

Sec.  3.  The  project  being  returned  to  the  chamber 
wherein  it  originated,  it  will  there  be  submitted  to  dis- 
cussion and  to  a  vote,*  it  being  considered  approved  should 
it  obtain  two-thirds  of  the  votes  cast ;  and  in  this  case  it  will 
be  sent  to  the  other  chamber,  whence,  should  it  obtain  the 
same  majority,  it  will  be  returned  as  a  law  to  the  executive 
power  for  the  formality  of  promulgation. 

Sec.  4.  Sanction  and  promulgation  will  be  effected  by 
these  forms : 

1.  "The  National  Congress  decrees,  and  I  sanction  the 
following  law  (or  resolution)." 

2.  "The  National  Congress  decrees  and  I  promulgate  the 
following  law  (or  resolution)." 

Art.  37.  The  project  of  a  law  of  one  chamber  amended  in 
another,  will  return  to  the  first,  which,  should  the  amendment  be 
accepted,  will  forward  it,  modified  in  conformity  therewith,  to 
the  executive  power. 

♦  By  calling  the  roll. 


12  THE  CONSTITUTION  OF 

Sec.  I.  In  the  contrary  case,  it  will  return  to  the  amend- 
ing chamber,  where  the  alterations  will  only  be  considered 
approved  if  they  obtain  two-thirds  of  the  votes  cast ;  and  in 
this  case  it  will  return  to  the  originating  chamber,  which  can 
only  reject  it  by  a  two-thirds  vote. 

Sec.  2.  If  the  amendment  shall  be  rejected  in  this 
manner,  the  project  will  be  sent  to  the  executive  for  sanction 
without  it. 

Art.  38.  Projects  totally  rejected  or  not  sanctioned  cannot 
be  again  proposed  during  the  same  legislative  session.'* 

SECTION  II.— OF  THE  EXECUTIVE  POWER. 
CHAPTER  1. OF  THE  PRESIDENT  AND  VICE-PRESIDENT. 

Art.  39.  The  President  of  the  United  States  of  Brazil,  as 
elective  and  supreme  chief  of  the  nation,  exercises  the  executive 
power. 

Sec.  I.  The  Vice-President  elected  at  the  same  time 
with  the  President  takes  the  place  of  the  latter  in  case  of 
temporary  disability  and  succeeds  him  in  case  of  vacancy. 

'*  There  are  several  points  of  difference  regarding  the  enactment  of  laws  under 
the  republic  and  under  the  empire.  Certain  provisions  were  made  in  the  case  of  the 
emperor  introducing  a  bill,  which  he  did  by  one  of  his  ministers  in  the  chamber  of 
deputies.  It  was  first  examined  by  a  committee  from  the  chamber,  and  if  approved 
by  this  committee,  it  was  then  admitted  for  discussion.  The  ministers  of  state  were 
permitted  to  take  part  in  the  discussion,  but  had  to  withdraw  when  the  bill  was  voted 
upon.  If  the  bill  introduced  by  the  emperor  failed  to  pass  the  chamber  of  deputies, 
he  was  informed  of  the  fact  in  due  form  by  a  deputation.  If  it  passed  the  chamber 
of  deputies,  it  was  sent  to  the  senate.  This  form  was  also  followed  in  the  case  of 
bills  not  introduced  by  the  executive.  At  the  second  reading  of  the  bill,  if  the  origi- 
nating chamber  did  not  agree  to  the  amendments  made  by  the  other  chamber,  it  could, 
ar  a  meeting  of  the  two  houses,  call  for  a  committee  of  three  members  who  should 
meet  in  the  senate,  and  the  dissenting  chamber  should  abide  by  their  decision.  When 
a  law  had  passed  both  chambers  it  was  sent  to  the  emperor  by  a  deputation  of  seven 
members  from  the  approving  chamber.  If  the  emperor  disapproved  of  the  bill,  he 
expressed  himself  in  the  following  terms :  "  The  Emperor  wishes  to  take  time  for 
deliberation  upon  the  proposed  law ; "  and  the  chamber  answered  :  "  We  applaud  the 
interest  which  your  imperial  majesty  takes  in  the  nation."  This  negative  had  only  a 
suspensive  effect,  and  if  the  two  succeeding  legislatures  proposed  the  same  bill  in 
the  same  terms  it  passed  over  the  emperor's  veto  and  became  a  law.  The  time  given 
the  emperor  in  which  to  return  a  bill  was  one  month.  Pol.  Const,  of  the  Empire  of 
Brazil,  Arts.  52-70. 


THE  UNITED  STATES  OF  BRAZIL.  73 

Sec.  2.  In  case  of  disqualification  or  vacancy  in  the  office 
of  vice-president,  the  vice-president  of  the  senate,  the  presi- 
dent of  the  chamber  of  deputies,  and  the  president  of  the 
supreme  federal  tribunal  will  be  in  succession  called  to  the 
presidency. 

Sec.  3.  The  qualifications  for  election  as  President  or 
Vice-President  of  the  Republic  are  : 

( 1 )  To  be  a  native  born  Brazilian. 

(2)  To  be  in  exercise  of  political  rights. 

(3)  To  be  over  35  years  of  age. 

Art.  40.  The  President  will  hold  office  for  six  years,  and 
cannot  be  reelected  for  the  next  presidential  term. 

Sec.  I.  The  Vice-President  who  assumes  the  presidency 
for  three  years  of  the  presidential  term,  cannot  be  elected 
president  for  the  next  term. 

Sec.  2.  The  president  will  lay  aside  the  exercise  of  his 
functions  without  fail  upon  the  same  day  upon  which  his 
presidential  term  expires,  the  president-elect  to  succeed  him 
immediately. 

Sec.  3.  Should  the  latter  be  unable  to  serve  or  fail  to 
appear,  substitution  must  be  made  under  the  terms  of  the 
preceding  article,  Sections  i  and  2. 

Sec.  4.  The  first  presidential  term  will  expire  on  Novem- 
ber 15,  1896. 

Art,  41.  Upon  assuming  office  the  President  will  pronounce 
in  the  public  session,  before  the  supreme  federal  tribunal,  this 
affirmation  : 

*'  I  promise  to  maintain  and  execute  with  perfect  loyalty  the 
federal  constitution,  to  promote  the  welfare  of  the  Republic,  to 
observe  its  laws,  to  sustain  its  union,  integrity  and  independ- 
ence." '7 

Art.  42.     The  President  and  Vice-President  cannot    leave 

'7  The  oath  required  of  the  emperor  was :  "  I  swear  to  uphold  tlie  Roman  Catholic 
Apostolic  religion  and  the  integrity  and  indivisibility  of  the  empire,  to  maintain  and  to 
cause  to  be  maintained  the  political  constitution  of  the  Brazilian  Nation,  and  all  other 
laws  of  the  empire,  and  to  provide  as  far  as  in  me  lies,  for  the  general  welfare  of 
Brazil."     Pol.  Const,  of  the  Empire  of  Brazil,  Art.  103. 


74  THE  CONSTITUTION  OF 

the  national  territory  without  the  permission  of  congress,  under 
penalty  of  losing  office. 

Art.  43,  The  President  and  Vice-President  will  receive 
salaries  fixed  by  congress  in  the  preceding  presidential  term/' 

CHAPTER    II. OF    THE    ELECTION    OF    PRESIDENT    AND 

VICE-PRESIDENT. 

Art.  44.  The  President  and  Vice-President  will  be  chosen 
by  the  people  by  indirect  election,  for  which  purpose  each  state, 
as  well  as  the  federal  district,  will  constitute  a  district  with 
special  electors,  double  in  number  that  of  the  respective  repre- 
sentation in  congress. 

Sec.   I.     Beyond  those  specified  in  Art.  26,  citizens  who 

may   occupy   salaried    offices,  of   legislative,   administrative, 

judicial   or  military  character,  under  the  government  of  the 

Union,  or  those  of  the  states,  cannot  be  special  electors. 

Sec.   2.     This  election  will  be  held    on  the    ist  day  of 

March  of  the  last  year  of  the  presidential  term. 

Art.  45.  On  the  1st  day  of  May  following,  the  election  of 
President  and  Vice-President  will  be  held  throughout  the 
Republic. 

Sec.    I.     The  electors  of  each  state,  as  well  as  those  of  the 

federal  district,  will    form  a  college,  to  meet  together  at  the 

'*  There  are  some  interesting  provisions  regarding  the  imperial  succession  which  it 
is  appropriate  to  notice  in  this  connection.  The  constitution  declared  Dom  Pedro  I. 
to  be  emperor,  and  his  legitimate  descendants  to  succeed  him.  The  right  of  primo- 
geniture was  recognized,  and  in  the  same  degree  of  kindred  the  preference  was  given 
to  the  male  heirs.  If  the  line  were  to  die  out,  the  general  assembly  were  to  name  a 
new  dynasty,  with  the  condition  that  no  foreigner  could  succeed  to  the  throne.  The 
ejnperor  was  considered  a  minor  until  he  was  twenty-eight  years  old ;  during  his 
minority  a  regent  ruled  for  him.  This  regent  must  be  the  nearest  relative  to  the 
emperor  in  order  of  succession  and  must  be  twenty-five  years  old.  If  such  a  relative 
was  not  to  be  found,  a  regency  was  appointed  by  the  general  assembly,  composed  of 
three  members.  If  at  any  time  the  emperor  was  incapable  of  exercising  his  office, 
the  prince  imperial  was  to  govern  for  him,  providing  he  was  over  twenty-eight  years  of 
age.  If  the  heir  presumptive  to  the  throne  was  a  woman,  she  could  not  marry  without 
the  consent  of  the  emperor,  or  in  case  he  was  deceased,  of  the  general  assembly.  Her 
husband  was  prohibited  from  taking  part  in  the  government,  and  could  not  enjoy  the  title 
of  emperor  until  he  had  descendants  by  the  empress.  The  allowances  for  the  several 
members  of  the  royal  family  were  fixed  by  law.  Pol.  Const,  of  the  Empire  of  Brazil, 
Arts.  105-130. 


THE  UNITED  STATES  OF  BRAZIL.  75 

place    which,  with   due    notice,   may    be    appointed    by   the 
respective  governments. 

Sec.  2.  Each  elector  will  vote  by  separate  ballots  for 
the  president  and  for  the  vice-president.  The  candidates  must 
be  citizens,  and  one  at  least  must  be  a  native  of  another  state. 

Sec.  3.  The  votes  being  cast,  two  lists  shall  be  made, 
containing  the  names  of  all  candidates  for  the  presidency  and 
vice-presidency  respectively.  There  shall  be  three  copies  of 
each  list. 

Sec.  4.  The  contents  of  these  lists  shall  be  made  public 
immediately  through  the  press.  Two  lists  (one  of  each 
kind)  shall  be  sent  to  the  governor  of  the  state,  to  be  pre- 
served in  the  state  archives  ;  in  the  federal  district  they  shall 
be  sent  to  the  president  of  the  municipality.  Two  lists  shall 
be  sent  to  the  president  of  the  senate,  and  the  two  remaining 
lists  shall  be  sealed  and  preserved  in  the  national  archives. 

Sec.  5.  The  two  chambers  being  met  in  general  assem- 
bly, the  president  of  the  senate  presiding,  he  will  open  in 
their  presence  the  two  lists,  and  shall  declare  president  and 
vice-president  of  the  United  States  of  Brazil  the  two  citizens 
who  in  each  list  have  received  the  absolute  majority  of  votes. 

Sec.  6.  Should  no  one  obtain  this  majority,  congress  will 
elect  a  President  and  Vice-President,  by  absolute  majority, 
voting  by  call  of  names  from  among  the  three  receiving 
the  greatest  number  of  votes  in  each  one  of  the  lists. 

Sec.  7.  In  this  election  each  state,  as  well  as  the  federal 
district,  shall  have  one  vote ;  and  this  shall  be  given  to  that 
one  of  the  three  candidates  who,  in  the  respective  represen- 
tation in  congress,  shall  receive  a  relative  majority  of  votes. 

Sec.  8.  For  this  purpose  the  representatives  of  each 
state  as  well  as  those  of  the  federal  district,  will  vote  by 
separate  groups. 

Art.  46.  The  general  assembly  for  the  verification  of  the 
election  of  President  and  Vice-President  of  the  Republic  will 
not  be  considered  constituted  unless  there  be  present  at  least 
two-thirds  of  the  members. 

Sec.  I.    The  formality  determined  for  this  purpose  by  the 


76 


THE  CONSTITUTION  OF 


two  preceding  articles  will  commence  and  terminate  at  the 
same  session. 

Sec.  2.  The  roll  of  the  members  of  congress  being  called, 
those  present  will  not  be  permitted  to  withdraw  from  the 
house ;    for  which  purpose  suitable  measures  shall  be  taken. 

Sec.  3.     No  member  present  can  abstain  from  voting. 

CHAPTER  III. OF  THE  ATTRIBUTES  OF  THE  EXECUTIVE  POWER. 


Art.  47. 
Republic — 


It  pertains    exclusively  to    the    President   of    the 


To  sanction,  promulgate  and  make  public  the  laws  and 
resolutions  of  congress ;   to   issue  decrees,  instructions 
and  regulations  for  their  faithful  execution. 
To  nominate  and  dismiss   at   pleasure  the   ministers  of 
state. 

To  exercise  the  supreme  command  of  the  land  and  naval 
forces  of  the  United  States  of  Brazil,  as  well  as  those 
of  the  local  police,  when  called  to  arms  in  defence, 
external  or  internal,  of  the  Union. 

To  direct  and  distribute,  under  the  laws  of  congress, 
according  to  the  needs  of  the  national  government,  the 
land  and  naval  forces. 

To  appoint  to  civil  and  military  offices  of  a  federal 
character,  with  the  exception  of  the  restrictions 
expressed  in  the  constitution. 

To  pardon  and  commute  penalties  for  crimes  subject  to 
federal  jurisdiction,  except  in  the  cases  referred  to  in 
Art.  33,  No.  30;  and  Art.  51,  Sec.  2, 
To  declare  war  and   make    peace    under  the  conditions 
of  Art.  33,  No.  12. 

To  declare  war  immediately  in  cases  of  invasion  or  of 
foreign  aggression. 

To  report  annually  upon  the  condition  of  the  country 
to  the  national  congress,  recommending  to  it  meas- 
ures and  urgent  reforms,  in  a  message  which  he  will 
send  to  the  secretary  of  the  senate  upon  the  opening 
day  of  the  legislative  session. 


THE  UNITED  STATES  OF  BRAZIL.  77 

(10)  To  convoke  congress  for  extraordinary  sessions,  and 
to  prorogue  its  ordinary  sessions. 

(11)  To  nominate  federal  magistrates. 

(12)  To  nominate  the  members  of  the  supreme  federal 
tribunal  and  diplomatic  ministers,  with  the  approval  of 
the  senate ;  it  being  permitted,  in  the  absence  of  con- 
gress, to  appoint  them  temporarily  until  the  decision  of 
the  senate  is  pronounced. 

(13)  To  nominate  all  other  members  of  the  diplomatic 
corps  and  the  consular  agents. 

(14)  To  maintain  relations  with  foreign  states. 

(15)  To  declare,  by  himself  or  his  responsible  agents,  mar- 
tial law  in  any  locality  of  the  national  territory,  in 
case  of  foreign  aggression  or  serious  internal  dis- 
turbance (Arts,  yy  and  33,  No.  22). 

(16)  To    open    international   negotiations,  to    make    agree- 
ments, conventions  and  treaties,  with  the  consent    of 
congress ;  and  to  approve  those  made  by  the  states,  in 
conformity  with  Art.  64,  submitting  them,  when  neces 
sary,  to  the  authority  of  congress. '9 

CHAPTER  IV. OF  THE  MINISTERS  OF  STATE. 

Art.  48.  The  President  of  the  Republic  is  assisted  by  the 
ministers  of  state,  agents  of  his  confidence,  who  will  sign  their 
acts,  and  preside  each  at  one  of  the  departments  into  which 
which  the  federal  administration  shall  be  divided.'^" 

'9  The  powers  of  the  emperor  were  more  extensive  than  those  accorded 
to  the  President.  Besides  possessing  all  the  powers  vested  in  the  republican  executive 
he  could  nominate  senators  from  the  triple  lists ;  approve  or  negative  the  resolutions 
of  the  provincial  councils,  dissolve  the  Chamber  of  Deputies ;  remove  as  well  as 
appoint  judges ;  convoke  the  regular  meeting  of  the  new  general  assembly ;  appoint 
bishops  and  confer  ecclesiastical  benefices ;  remove  as  well  as  appoint  all  naval  and 
military  officers  ;  enter  into  offensive  and  defensive  alliances,  reporting  afterwards  to 
Congress ;  declare  war  and  make  peace,  reporting  afterwards  to  Congress ;  grant 
papers  of  naturalization ;  grant  titles,  honors,  and  military  orders.  Pol.  Const,  of  the 
Empire  of  Brazil;  Art.  loi,  Clauses  i,  4,  5,  and  7;  Art.  102  Clauses  i,  2,  5,  8,  9,  10 
and  II. 

="  Under  the  empire  the  number,  office  and  times  of  meeting  of  the  ministers  of 
state  were  provided  for  by  law.  They  confirmed  or  rejected  the  acts  of  the  emperor, 
without  which  no  act  could  be  executed.     Pol.  Const,  of  Brazil.  Arts.  131,  132. 


78  THE  CONSTITUTION  OF 

Art.  49.  The  ministers  of  state  cannot  receive  other  employ- 
ment or  public  functions,  or  be  elected  President  or  Vice- 
President  of  the  Union. 

Art.  50.  The  ministers  of  state  cannot  appear  at  the  sessions 
of  congress,  and  will  communicate  with  it  solely  in  writing,  or 
personally  in  conferences  with  the  committees  of  the  chambers. 
The  annual  reports  of  the  ministers  will  be  addressed  to  the 
President  of  the  Republic  and  by  him  communicated  to  con- 
gress." 

Art.  51.  The  ministers  of  state  are  not  responsible  to  con- 
gress or  to  the  supreme  federal  tribunal,  for  advice  given  the 
President  of  the  Republic,  except  when  such  advice  involves  com- 
plicity with  him  in  impeachable  offences  defined  by  the  penal 
laws. 

Sec.  I.     They  are  responsible,  however,  for  such  acts  as 

are  held  criminal  by  law. 

Sec.  2.     In  impeachable  crimes  they  will  be  prosecuted 

and  judged  by  the  supreme  federal  tribunal,  and  in  those  of 

complicity    with    the     President    of    the     Republic,    by    the 

authorities  competent  to  judge  the  latter." 

*'  By  the  provisions  of  the  imperial  constitution,  the  ministers  could  take  part  in  the 
discussion  of  a  bill  after  it  had  been  reported  upon  by  the  committee  in  the  chamber 
of  deputies,  but  they  had  to  withdraw  when  a  vote  was  taken.  Pol.  Const,  of  the 
Empire  of  Brazil,   Art.  54. 

"  Under  the  empire  the  crimes  for  which  a  minister  of  state  could  be  impeached 
were :  treason,  bribery  or  collusion,  abuse  of  power,  insubordination  to  law,  acts 
against  the  liberty,  security  and  property  of  citizens,  misappropriation  of  public  funds. 
The  chamber  of  deputies  had  the  exclusive  right  to  impeach  ministers  of  state,  and 
they  were  tried  by  the  senate.  No  foreigner,  even  if  naturalized,  could  be  a  minister 
of  state.     Pol.  Const,  of  the  Empire  of  Brazil,    Arts.  33,  38,  47  and  136. 

The  imperial  constitution  provided  also  for  a  council  of  state.  The  original  pro- 
vision was  suppressed  Aug.  12,  1834  ;  but  by  the  law  of  Nov.  23,  184 1,  a  council  of  state 
was  again  created.  According  to  this  act  the  council  of  state  was  composed  of 
twelve  members,  and  as  many  substitutes,  who  met  together  with  the  ministers  of 
state,  the  emperor  presiding.  The  duties  of  this  council  were  connected  especially 
with  the  moderative  power  of  the  emperor.  He  was  obliged  to  consult  them  and 
listen  to  their  advice  regarding  declaration  of  war,  negotiations  with  foreign  powers, 
conflicts  of  jurisdiction  between  administrative  powers,  and  between  these  and  judicial 
powers,  and  abuses  of  ecclesiastical  power. 


THE  UNITED  STATES  OF  BRAZIL.  fg 

CHAPTER    V. OF  THE  IMPEACHMENT  OF  THE  PRESIDENT.''^ 

Art.  52.  The  President  of  the  United  States  of  Brazil  shall 
be  liable  to  trial  and  judgment,  after  the  chamber  shall  declare 
the  indictment  valid,  before  the  supreme  federal  tribunal  in  case 
of  common  crimes,  and  before  the  senate  in  case  of  impeach- 
ment. 

Art.  53.  For  the  President  of  the  Republic  impeachable 
crimes  are  those  which  attack : 

( 1 )  The  political  existence  of  the  Union. 

(2)  The  constitution  and  the   form  of  the  federal  govern- 
ment. 

(3)  The  free  exercise  of  political  powers. 

(4)  The  enjoyment  and  legal  exercise  of  political  or  indi- 
vidual rights. 

(5)  The  internal  safety  of  the  country. 

(6)  The  integrity  of  the  administration. 

(7)  The    guardianship    and  constitutional  employment  of 
the  public  moneys. 

Sec.  I.     These  offences  will  be  defined  in  a  special  law. 

Sec.  2.  A  second  law  will  regulate  the  indictment,  trial 
and  judgment. 

Sec.  3.  Both  of  these  laws  shall  be  enacted  in  the  first 
session  of  the  first  congress. 

SECTION  III.— OF  THE  JUDICIAL  POWER. 

Art.  54.  The  judicial  power  of  the  Union  will  have  as 
organs  a  supreme  federal  tribunal,  seated  at  the  capital  of  the 
Republic,  and  as  many  federal  judges  and  tribunals  distributed 
throughout  the  country  as  congress  shall  create. 

Art.  55.  The  supreme  federal  tribunal  will  be  composed 
of  fifteen  judges  appointed  under  the  conditions  of  Art.  47,  No. 
II,  from  among  the  thirty  senior  federal  judges  and  from  citi- 
zens of  notable  wisdom  and  reputation,  eligible  to  the  senate. 

^  The  emperor  could  not  be  impeached,  as  his  person  was  held  inviolable  and 
sacred  and  he  was  not  held  responsible.  But  if  for  physical  or  moral  causes  he  was 
rendered  incapable  of  governing,  and  the  majority  of  the  general  assembly  so  decreed, 
he  could  be  removed  and  the  prince  imperial,  if  over  twenty-eight  years  of  age. 
reigned  in  his  stead.     Pol.  Const,  of  the  Empire  of  Brazil,  Arts.  99  and  126. 


So  THE  CONSTITUTION  OF 

Art.  56.  The  federal  judges  shall  hold  office  for  life,  the 
position  being  forfeited  only  through  judicial  sentence. 

Sec.  I.  Their  salaries  shall  be  determined  by  a  law  of 
congress,  which  cannot  reduce  them. 

Sec.  2.  The  senate  shall  judge  the  members  of  the 
supreme  federal  tribunal,  and  the  latter  the  lower  federal 
judges. 

Art.  57.  The  federal  tribunals  will  elect  their  presidents 
from  their  own  membership,  and  will  organize  their  respective 
clerical  corps. 

Sec.   I.     In  these  offices,  the  appointment  and  dismissal  of 

the  respective  employees,  as  well  as  the  filling  of  the  judicial 

offices    in  their  -respective  judicial    districts    belong   to  the 

presidents  of  the  said  tribunals. 

Sec,  2,     The  President  of  the  Republic  will  designate  from 

among  the  members    of    the    supreme   federal   tribunal   the 

attorney-general    of    the    Republic,    whose    duties    will    be 

defined  by  law.*^ 

Art.   58.     To  the  supreme  federal  tribunal  pertains  : 

I.     To  try  and  judge  with  original  and  exclusive  jurisdiction  : 
a)   The     President    of   the  Republic    in    case    of    common 

crimes,  and  the  ministers  of  state  under  the  conditions  of 

Art.  51. 
h)   Diplomatic  ministers  in  common  crimes  and  in  those  of 

impeachment. 

**  The  structure  of  the  imperial  judiciary  was  somewhat  different.  The  constitu- 
tion stated  that  the  judicial  power  was  independent,  and  was  vested  in  judges  and 
juries.  It  provided  for  a  high  court  of  justice  to  be  composed  of  learned  judges 
appointed  for  life  from  the  courts  of  chancery  in  order  of  age.  This  court  was  estab- 
lished in  the  capital  of  the  empire.  It  further  provided  that  courts  of  chancery 
should  be  established  in  the  provinces.  These  courts  of  chancery  derived  their  name 
from  the  old  Spanish  courts  of  chancery  which  were  replaced  by  the  audiencias  under 
the  constitution  of  181 2.  They  were  the  courts  of  record  and  final  resort  in  the 
provinces.  In  civil  cases  the  parties  were  permitted  to  appoint  arbitrating  judges 
whose  decisions  were  to  be  final.  It  was  also  decreed  that  no  process  whatever  could 
be  instituted  unless  conciliation  had  first  been  attempted ;  for  this  purpose  there  were 
justices  of  the  peace  elected  in  the  same  manner  as  were  the  members  of  the  cabildos 
[This  was  determined  by  an  organic  law].  Pol.  Const,  of  the  Empire  of  Brazil, 
Arts.  151,  63,  153,  158,  160,  161  and  162. 


THE  UNITED  STATES  OF  BRAZIL.  Si 

c)  Suits  between  the  Union  and  the  states,  or  between 
states. 

d)  Litigations  and  reclamations  between  foreign  nations 
and  the  Union,  or  the  states. 

^)  Conflicts  of  federal  judges  or  tribunals  among  them- 
selves, or  between  these  and  those  of  the  states. 
II.  To  try,  on  appeal,  cases  decided  by  the  federal  tribunal  and 
judges,  as  well  as  those  treated  of  in  the  present  article, 
Sec.  I,  and  in  Art.  60. 
III.  To  review  decided  processes,  under  the  terms  of  Art.  78  : 
Sec.  I.  From  sentences  of  the  superior  courts  of  the 
states  there  will  be  appeal  to  the  supreme  federal  tribunal ; 

a)  When  there  is  in  dispute  the  validity  or  application  of 
federal  treaties  and  laws,  and  the  decision  of  the  state  tri- 
bunal shall  be  contrary  thereto. 

b)  When  the  validity  of  laws  or  acts  of  state  governments 
is  contested  under  the  constitution  or  under  federal  laws, 
and  the  decision  of  the  state  tribunal  shall  consider  valid 
the  contested  acts  or  laws. 

Sec.  2.  In  cases  in  which  state  laws  are  to  be  applied,  the 
federal  court  will  observe  the  procedure  of  local  tribu- 
nals ;  and  vice  versa,  state  courts  will  observe  the  practice 
of  federal  tribunals  when  called  upon  to  interpret  laws  of 
the  Union.^'s 
Art.  59.  The  federal  judges  and  tribunals  are  empowered 
to  decide  : 

a)   Cases  wherein  either  of  the  parties  bases  the  complaint 
or  the  defence,  upon  a  construction  of  the  federal  con- 
stitution. 
F)   Litigations  between  one  state  and  the  citizens  of  others,  or 
between  citizens  of  different  states,  under  different  laws. 

=s  The  jurisdiction  of  the  imperial  courts  was  not  so  closely  defined.  It  belonged 
to  the  high  court  of  justice  to  grant  or  deny  new  trials  "  in  such  cases  and  according 
to  the  form  determined  by  law."  It  had  original  and  exclusive  jurisdiction  in  the  case 
of  official  or  unofficial  crimes  committed  by  its  members,  by  officers  of  the  courts  of 
chancery,  by  officers  of  the  diplomatic  corps  and  by  the  president  of  the  provinces. 
Also  in  investigation  and  decision  of  questions  of  jurisdiction  and  competency  in  the 
provincial  courts  of  chancery.     Pol.  Const,  of  the  Empire  of  Brazil,  Art.  164. 


82  THE  CONSTITUTION  OF 

c)  Suits  between  foreign  states  and  Brazilian  citizens. 

d)  Suits  brought  by  foreigners  and  based  on  contracts  with 
the  government  of  the  Union,  or  upon  conventions  and 
treaties  by  the  Union  with  other  nations. 

e)  Questions  of  maritime  and  navigation  law,  both  as  to 
the  high  seas  and  to  the  rivers  and  lakes  of  the  country. 

/)   Questions  of  international,  civil  and  common  law. 

g)   Political  crimes. 

Sec.   I.     It    is    forbidden    to    congress    to    commit    any 

federal  jurisdiction  to  the  state  tribunals. 

Sec.  2.     Sentences  and  orders  of  federal  magistrates  will 

be  executed  by  judicial  officers  of  the  Union,  to  whom,  upon 

their    requisition,   the    local    police    is    obliged    to    render 

assistance. 

Art.  6o.  Decisions  of  state  judges  or  tribunals  in  cases  to 
them  pertaining,  will  be  decisive  in  processes  and  suits,  except 
as  to 

( 1 )  Habeas  corpus,  or 

(2)  Effects  of  a  foreigner  deceased  in  cases  not  provided 
for  by  convention  or  treaty. 

In  such  cases  there  will  be  an  optional  appeal  to  the  supreme 
federal  tribunal. 

Art.  61.  State  courts  may  not  intervene  in  questions  sub- 
mitted to  the  federal  tribunals,  or  annul,  amend  or  suspend  their 
sentences  or  orders. 

TITLE  II.— OF  THE  STATES. 

Art.  62.  Each  state  will  be  governed  by  the  constitution 
and  laws  by  it  adopted,  provided  that  the  organization  must  be 
under  the  republican  form  of  government,  must  not  be  opposed 
to  the  constitutional  principles  of  the  Union,  must  respect  the 
rights  secured  by  this  Constitution,  and  must  observe  the  follow- 
ing rules  : 

(i)  The  executive,  legislative  and  judicial  authorities  shall 

be  separate  and  independent. 
(2)  The  governors  and   members  of  the    local  legislature 
shall  be  elective. 


THE  UNITED  STATES  OF  BRAZIL.  83 

(3)  The  judiciary  shall  not  be  elective. 

(4)  Judges  may  be  dismissed  from  office  only  by  sentence. 

(5)  Education  will  be  secular  and  free   in  all  grades,  and 
gratuitous  in  the  primary  grade.'^ 

Art.  63.  A  law  of  the  National  Congress  will  divide  among 
the  states  a  certain  quantity  of  public  lands,  surveyed  at  their 
expense  outside  the  zone  of  the  frontiers  of  the  Republic,  with 
the  condition  of  settling  and  colonizing  them  within  a  deter- 
mined period,  with  reversion  to  the  Union  of  the  ceded  land 
where  this  provision  is  not  complied  with. 

The  states  may  transfer  these  lands  by  any  legal  title,  condi- 
ditional  or  gratuitous,  to  individuals  or  associations  which  may 
propose  to  settle  and  colonize  them. 

Art.  64.  It  is  permitted  to  the  states  ; 
(i)  To  make  among  themselves  agreements  and  conven- 
tions of  a  non-political  character.  (Art.  47,  No.  16). 
(2)  In  general,  all  and  every  power,  and  right,  which  shall 
not  be  forbidden  to  them  by  an  express  prohibition  of 
the  constitution,  or  which  shall  be  implicitly  con- 
tained within  the  political  organization  by  it  estab- 
lished.^7 

^  Chapter  V.  of  Title  IV.  of  the  imperial  constitution  which  referred  to  the  provin- 
cial organization  was  amended  Aug.  12,  1834.  By  its  very  minute  and  ample  provi- 
sions the  autonomy  of  the  provinces  was  very  much  more  limited  than  it  is  under  the 
republican  constitution.  The  governors,  or  presidents,  as  they  were  called,  of  the 
provinces  were  appointed  by  the  emperor,  and  removed  when  the  interests  of  the 
state  demanded.  The  legislative  power  of  a  province  was  vested  in  a  legislative 
assembly,  the  number  of  whose  members  was  fixed  in  the  constitution,  e.  g.,  Pemam- 
buco,  Bahia,  Rio  Janeiro,  Minas,  Sao  Paolo  had  thirty-six,  Pard  had  twenty-eight,  etc. 
The  legislative  assembly  of  any  province  had  the  right  to  petition  to  the  national 
legislative  power  for  the  privilege  of  organizing  a  second  chamber.  The  legislative 
assemblies  were  renewed  every  two  years,  the  members  being  elected  in  the  same 
way  as  the  deputies  to  the  national  legislature.  The  legislative  assemblies  were 
granted  the  privilege  of  electing  their  own  officers,  and  conducting  their  own  affairs. 
They  met  annually  for  sessions  of  two  months,  the  president  of  the  province  having 
the  power  to  prorogue  the  assembly  when  he  deemed  it  expedient.  Pol.  Const,  of  the 
Empire  of  Brazil;  Law  of  the  constitutional  reforms  of  1834. 

^  It  was  permitted  the  states,  by  the  imperial  constitution,  to  legislate  regarding 
the  civil,  jndicial  and  ecclesiastical  division  of  the  province,  public  instruction,  provin- 
cial public  works,  navigation  commerce,  etc.  There  are  twenty  articles  specifying  the 
particular  subjects  pertaining  to  provincial  legislation,  all  of  which  are  of  a  particular 


84  THE  CONSTITUTION  OF 

Art.  65.     It  is  forbidden  to  the  states: 
(i)  To  refuse  recognition  to   public  documents  of  legisla- 
tive,   administrative,   or  judicial  nature,  of  the  Union 
or  any  of  the  states. 

(2)  To  reject  the  money  or  bank  issues  in  circulation  by 
act  of  the  federal  government. 

(3)  To  make  or  declare  war  one  on  the  other,  or  to  employ 
reprisals. 

(4)  To  withhold  the  extradition  of  criminals  demanded  by 
courts  of  other  states,  or  of  the  Federal  District, 
according  to  the  laws  of  Congress,  by  which  this  matter 
is  governed  (Art.  33,  No.  35). 

Art.  66.  Excepting  the  restrictions  specified  in  the  constitu- 
tion, and  the  rights  of  the  respective  municipality,  the  Federal 
District  is  directly  governed  by  the  federal  authorities  and 
exclusively  subject  to  the  tribunals  of  the  Union. '^^ 

The  Federal  District  will  be  organized  by  law  of  congress. 

TITLE  III.— OF  THE  MUNICIPALITY. 

Art.  67.  The  states  will  be  organized  by  their  own  laws, 
with  respect  to  municipal  government,  upon  the  following  basis  : 

( 1 )  Autonomy  of  the  municipality,  in  every  respect,  so  far 
as  regards  their  peculiar  interests. 

(2)  Election  of  the  local  administration. 

A  law  of  congress  will  organize  the  municipality  in  the 
Federal  District. 

local  character.  Specific  directions  are  also  given  for  the  enactment  of  provincia. 
laws.  If  the  president  of  the  province  vetoed  any  bill  which  the  legislative  assembly 
had  passed  by  a  two-thirds  vote,  the  bill  could  be  sent  to  the  national  assembly  for 
approval.  If  the  national  assembly  was  not  in  session  at  the  time,  it  could  be  sent  to 
the  emperor,  who  had  the  power  to  order  that  it  be  executed  provisionally  until  the 
national  assembly  should  convene.  Amendment  of  Aug.  12,  1834,  to  the  Pol.  Const. 
of  the  Empire  of  Brazil,  Arts.  10,  11  and  14. 

*  Under  the  imperial  constitution  the  provincial  assemblies  were  forbidden  to 
legislate  regarding  the  general  affairs  of  the  nation ;  regarding  conventions  of  one 
province  with  another ;  concerning  taxes,  the  initiative  of  which  lay  with  the  chamber 
of  deputies ;  concerning  the  execution  of  laws,  retaining  the  right,  nevertheless,  of 
sending  reasonable  resolutions  simultaneously  to  the  general  assembly  and  the  execu- 
tive power.     Pol.  Const,  of  the  Empire  of  Brazil,  Art.  83. 


THE  UNITED  STATES  OF  BRAZIL.  8*5 

Art.  68.  In  municipal  elections,  resident  foreigners  will  be 
electors,  and  eligible  to  office,  in  accordance  with  the  conditions 
of  a  law  to  be  prescribed  by  each  state.^^ 

TITLE  IV.— OF  BRAZILIAN  CITIZENS. 

SECTION    I.— OF    THE    QUALIFICATIONS    OF    THE    BRAZILIAN 

CITIZEN. 

Art.  69.     The  following  are  Brazilian  citizens  : 

( 1 )  Those  born  in  Brazil,  even  of  a  foreign  father,  he  not 
being  a  resident  in  the  service  of  his  country. 

(2)  Son  of  a  Brazilian  father,  and  the  illegitimate  sons  of  a 
Brazilian  mother,  born  in  a  foreign  country,  who  shall 
become  domiciled  within  the  Republic. 

(3)  Sons  of  a  Brazilian  father  who  shall  be  in  another 
country  in  the  service  of  the  Republic,  notwithstanding 
they  do  not  become  domiciled. 

(4)  Foreigners  who  were  present  in  Brazil  on  November  15, 
1889,  and  shall  not  declare  within  six  months  after  the 
Constitution  shall  become  effective,  their  determination 
to  preserve  their  original  nationality. 

(5)  Foreigners  holding  real  estate  in  Brazil,  and  married 
with  Brazilian  women,  or  having  Brazilian  sons,  except 
they  declare  before  the  proper  authority  their  intention 
to  retain  their  nationality ; 

(6)  Foreigners  naturalized  in  whatsoever  other  manner. 
Naturalization  laws  pertain  exclusively  to  the  federal  legisla- 
tive power.3° 

^  The  only  provisions  relating  to  municipal  government  under  the  empire  were  for 
the  establishment  of  cabildos  in  every  city  or  town  which  should  be  founded  in  the 
empire.  These  cabildos  were  the  town  council,  consisting  of  members  elected  by  the 
people.  An  organic  law  determined  all  things  relating  to  municipal  functions.  Pol. 
Const,  of  the  Empire  of  Brazil,  Arts.  167,  168  and  169. 

3°  The  qualifications  for  Brazilian  citizens  set  forth  in  the  imperial  constitution  were 
virtually  the  same.  Instead  of  the  provision  in  clause  4  of  the  republican  constitution, 
it  stated  that  all  natives  of  Portugal,  or  any  of  her  possessions,  who  were  residing  in 
Brazil  at  the  time  when  the  provinces  declared  their  independence,  and  who  adhered  to 
her,  should  have  the  rights  of  Brazilian  citizenship.  Pol.  Const,  of  the  Empire  of 
Brazil,  Art.  6,  clause  4. 


86  THE  CONSTITUTION  OF 

Art.  70.  Citizens  of  21  years  of  age  are  electors,  who  are 
registered  in  the  terms  of  the  law. 

Sec.   I.     The  following  can  not  be  registered  as  electors 
for  federal  or  for  state  elections  : 

( 1 )  Paupers. 

(2)  Illiterate  persons. 

(3)  Enlisted  men,  excepting  the  students  of  the  military 
school  of  higher  instruction. 

(4)  Members  of  monastical  orders  \religiosos\y  companies, 
congregations,  or  communities  of  whatsover  denomina- 
tion, subject  to  vows  of  obedience,  rule  or  statute, 
which  involves  the  renunciation  of  individual  liberty. 

Sec.  2.     Elections  for  federal  oflfices  shall  be  regulated  by 
law  of  Congress. 

Sec.   3.     Citizens  not  registered  are  ineligible.3* 

Art.   71.     The  rights  of  Brazilian   citizenship  may  only  be 
suspended  or  lost  in  the  cases  herein  set  forth  : 
Sec.   I .     These  rights  are  suspended  : 
a)   By  physical  or  moral  incapacity. 
^)   By  criminal  conviction  as  long  as  this  may  remain  in 
effect. 
Sec.  2.     They  are  lost : 

a)   By  naturalization  in  a  foreign  country. 

3'  Under  the  imperial  constitution  the  voters  in  the  primary  elections  [see  note  1 1  p. 
66]  were  "  Brazilian  citizens  enjoying  political  rights,"  and  all  naturalized  foreigners. 
Art.  91. 

Those  excluded  from  voting  in  the  primary  elections  were  : 

1.  All  under  25  years  of  age,  except  married  men,  military  officials  of  over  21 
years  of  age,  bachelors  of  arts,  and  clergy  of  the  higher  orders ; 

2.  Sons  of  families  who  reside  with  their  parents  unless  they  are  engaged  in  the 
public  profession ; 

3.  Menials  and  servants,  except  book-keepers,  chief  clerks  in  commercial  houses, 
foremen  of  haciendas  and  factories  ; 

4.  Members  of  monastical  orders  and  all  those  who  live  in  claustral  communities ; 

5.  All  those  who  have  not  an  annual  rent  of  $60.00. 

All  those  qualified  to  vote  in  the  primary  elections  were  also  eligible  as  electors 
for  deputies,  senators,  and  members  of  the  provincial  assemblies,  with  some 
additional  qualifications.  All  voters  in  these  elections  must  have  a  clear  income 
of  $120.00,  they  must  not  be  defendants  in  suits  of  law,  and  they  cannot  be 
freedmen.     Pol.  Const,  of  the  Empire  of  Brazil,  Art.  92  and  94. 


THE  UNITED  STATES  OF  BRAZIL.  87 

b)  By  the  acceptance  of  foreign  employment,  pension, 
decoration  or  title  without  permission  from  the 
federal  executive  powers. 

c)  By  judicial  banishment. 

Sec.  3.     A  federal  law  will  provide  the  conditions  for  re 
acquiring  the  rights  of  a  Brazilian  citizen. 

SECTION  II.— DECLARATION  OF  RIGHTS. 

Art.  72.  The  constitution  assures  to  Brazilians  and 
foreigners  resident  in  the  country,  inviolabilty  of  rights  rela- 
tive to  liberty,  to  individual  safety,  and  to  property  under  the 
following  terms : 

Sec.  I.  No  one  can  be  obliged  to  do,  or  to  leave  undone, 
anything  whatever  except  by  virtue  of  the  law. 

Sec.  2.  All  are  equal  before  the  law.  The  Republic  does 
not  admit  privileges  of  birth,  disregards  rights  of  nobility, 
does  not  create  titles  of  rank,  nor  decorations.^^ 

Sec.  3.  All  individuals  and  religious  denominations  may 
publicly  and  freely  exercise  their  worship,  associating  them- 
selves for  this  purpose,  and  acquiring  property  within  the 
limits  prescribed  by  the  law  of  mortmain?^ 

Sec.  4.  The  Republic  only  recognizes  civil  marriage, 
which  will  always  precede  the  religious  ceremonies  of  what- 
ever faith. 

Sec.  5.  Cemeteries  shall  be  secular  in  character  and 
administered  by  municipal  authority. 

Sec,  6.  Instructions  furnished  by  public  institutions  shall 
be  secular. 

Sec.  7.  No  denomination  or  church  shall  enjoy  official 
aid,  or  hold  relations  of  dependence  or  alliance  with  the 
government  of  the  Union,  or  that  of  the  States. 

Sec.  8.       The  society  of   Jesuits  is  excluded    from     the 

3»The  latter  part  of  this  clause  was  not  in  the  imperial  constitution,  as  a  matter  of 
course. 

33  Art.  5  of  the  imperial  constitution  establishes  the  Roman  Catholic  Apostolic 
faith  as  the  religion  of  the  empire  ;  but  it  also  provides  that  all  other  creeds  shall  be 
permitted  to  exercise  their  religion  in  houses  designated  for  the  purpose,  but  without 
any  exterior  churchly  form. 


88  THE  CONSTITUTION  OF 

country,  and  the  founding  of  new  convents  or  monastic 
orders  is  prohibited.^* 

Sec.  9.  To  all  it  is  permitted  to  associate  and  unite 
together  freely  and  without  arms  ;  the  police  cannot  interfere 
except  to  maintain  public  order. 

Sec.  10.  It  is  permitted  to  everyone,  whosoever  it  may 
be,  to  represent  by  means  of  petitions  to  the  public  authori- 
ties, to  denounce  to  the  authorities  abuses,  and  to  procure 
the  indictment  of  culprits. 

Sec.  II.  In  time  of  peace  anyone  may  enter  and  leave 
the  territory  of  the  Republic  with  his  fortune  and  property 
when  and  how  he  may  choose  independently  of  passport. 

Sec.  12.  The  house  is  an  inviolable  asylum  to  the 
individual ;  no  one  may  enter  therein  at  night,  without  the 
consent  of  the  dweller,  except  to  succor  victims  of  crimes 
and  disasters,  or  during  the  day,  except  in  the  cases  and  in 
the  manner  by  law  prescribed. 

Sec.  13.  The  expression  of  opinion  is  free  on  any  sub- 
ject, by  the  press  or  from  the  tribune,  without  subjection 
to  censorship,  each  one  being  responsible  for  abuses  in  the 
cases  and  in  the  manner  which  the  law  shall  prescribe. 

Sec.  14.  Flagrante  delicto  excepted,  an  arrest  cannot  be 
executed  without  a  written  order  from  the  proper  authority. 

Sec.  15.  No  one  may  be  detained  in  prison  without 
specified  charges  save  under  the  exceptions  by  law  estab- 
lished, or  imprisoned  or  detained  therein,  should  he  furnish 
satisfactory  bail  in  cases  where  such  is  lawful. 

Sec.  16  No  one  may  be  condemned  except  by  the 
proper  authority  under  an  anterior  law,  and  in  the  form 
prescribed  by  it. 

Sec.  17.  To  the  accused  there  will  be  secured  by  the  law 
the  fullest  defence,  with  all  resources  and  means  essential 
thereto,  beginning  with  the  allegation  of  the  crime   \nota  de 

3<  Clauses  4,  5,  6,  7  and  8,  referring  to  questions  connected  with  religion,  are 
peculiar  to  the  republican  constitution.  These,  together  with  clauses  21  and  22,  which 
follow,  are  the  only  ones  in  this  section  which  differ  from  the  rights  granted  to  the 
Brazilian  citizen  under  the  empire. 


THE  UNITED  STATES  OF  BRAZIL.  89 

culpa\,  delivered  in  twenty-four  hours  to  the  prisoner,  and 
signed  by  the  authority,  with  the  names  of  the  plaintiff  and 
witnesses. 

Sec.  18.  The  right  of  property  is  maintained  in  all  its 
plenitude,  excepting  disappropriation  for  necessity  or  public 
utility  with  previous  indemnification. 

Sec.   19.     The  seal  of  correspondence  is  inviolable. 

Sec.  20.  No  penalty  shall  extend  beyond  the  person  of 
the  delinquent. 

Sec.  21.     The  punishment  of  the  galleys  is  abolished. 

Sec.  22.  The  death  penalty  for  political  crimes  is  also 
abolished. 

Sec.  23.  Habeas  corpus  will  be  granted  whenever  the 
individual  may  suffer  violence  or  compulsion,  through 
illegality  or  abuse  of  authority,  or  shall  feel  himself 
threatened  by  the  evident  imminence  of  this  danger. 

Sec.  24.  With  the  exception  of  matters  which  from  their 
nature  pertain  to  special  courts,  there  will  be  no  privileged 
jurisdiction. 

Art.  73.  Public  employment,  civil  and  military,  is  open  to 
all  Brazilians,  the  conditions  of  special  capacity  prescribed  by 
law  being  observed. 

Art.  74.  The  officers  of  the  army  and  navy  will  lose  their 
commissions  only  by  sentence  passed  in  case  of  offences  to  which 
this  penalty  is  attached. 

Art.  75.  The  enumeration  of  the  rights  and  guarantees 
expressed  in  the  constitution  does  not  exclude  other  guarantees 
and  rights  not  enumerated,  but  which  result  from  the  form  of 
government  by  it  established  and  the  principles  contained  therein. 

TITLE  v.— GENERAL  PROVISIONS. 

Art.  76.  The  citizen  invested  with  functions  in  any  one  of 
the  three  departments  cannot  exercise  those  of  another. 

Art.  yj.  Any  part  of  the  territory  of  the  Union  may  be 
declared  under  martial  law,  suspending  therein  the  constitutional 
guarantees   for  a  specified   time,  whenever  the  security   of  the 


9©  THE  CONSTITUTION  OF 

Republic  demands  this,  in  cases  of  foreign  aggression  or  domestic 
violence  (Art.  33,  No.  22). 

Sec.  I.  Congress  not  being  in  session,  and  danger  being 
imminent  to  the  country,  the  federal  executive  power  will 
exercise  this  attribute.     (Art.  47,  No.  15). 

Sec.  2.     During  the  period    of  martial  law  recourse    to 
this  will    be    restricted    to    measures    of    repression    against 
persons : 
(i)  To     detention    in    places    not    destined    for    common 

criminals. 
(2)  To  banishment  to  other  places  in  the  national  territory. 
Sec.  3.  Immediately  upon  the  meeting  of  congress,  the 
President  of  the  Republic  will  report  to  it,  with  reasons,  the 
exceptional  measures  to  which  he  has  resorted,  the  officers 
concerned  being  responsible  for  any  abuse  in  the  exercise 
of  such  extraordinary  power. 

Art.  78.  Criminal  proceedings  decided  may  be  revised  at 
any  time  in  the  interests  of  the  convicts  by  the  supreme  federal 
tribunal,  to  amend  or  confirm  the  sentence. 

Sec.  I.  The  law  will  prescribe  the  cases  and  the  form  of 
the  revision  which  may  be  required  by  the  convict,  by  any 
one  of  the  people,  or  ex-officio  by  the  Attorney-General  of  the 
Republic. 

Sec.  2.  In  the  revision  the  penalties  in  the  case  reviewed 
cannot  be  increased. 

Art.  79.  Public  functionaries  are  strictly  responsible  for 
abuses  and  omissions  incurred  in  the  exercise  of  their  offices,  as 
well  as  for  indulgence  or  negligence  in  not  effectively  holding 
their  subordinates  responsible. 

All  officers  will  be  bound  by  a  formal  engagement  in  the  act  of 
taking  possession,  for  the  fulfillment  of  their  legal  duties. 

Art.  80.     The  laws  of  the  former  regime,  while  not  revoked, 
will  continue  in  vigor  in  what  may  not  explicitly  or  by  implica 
tion  be  contrary  to  the  system  of  government  established  by  this 
constitution,  and  to  the  principles  therein  consecrated. 

Art.  81.  The  federal  government  guarantees  the  payment 
of  the  public,  domestic  and  foreign  debt. 


THE  UNITED  STATES  OF  BRAZIL.  9 1 

Art.  82.  Every  Brazilian  is  bound  to  military  service  in 
defence  of  the  country  and  the  constitution,  in  accordance  with 
the  federal  laws. 

Art.  83.  Military  recruiting  is  abolished.  The  national 
army  and  navy  will  be  formed  by  conscription,  through  a  previ- 
ous enrollment  in  which  pecuniary  exemption  will  not  be 
admitted. 

Art.  84.  In  no  case  directly  or  indirectly,  alone  or  in 
alliance  with  another  nation,  will  the  United  States  of  Brazil 
engage  in  a  war  of  conquest. 

Art.  85.  The  constitution  may  be  amended  through  the 
initiative  of  the  National  Congress  or  of  the  legislatures  of  the 
states. 

Sec.  I.  A  proposal  of  amendment  will  be  considered  when 
presented  by  at  least  a  fourth  part  of  the  members  of  either 
of  the  chambers  of  the  federal  congress,  and  shall  be  passed 
in  three  discussions  by  a  two-thirds  vote  of  one  and  the 
other  house  of  congress,  or  when  it  shall  be  requested  by 
two-thirds  of  the  states,  each  one  represented  by  a  majority 
of  votes  in  the  legislature,  taken  within  the  period  of  one 
year. 

Sec.  2.  This  proposal  will  be  considered  approved  if  in 
the  following  year  it  shall  be  passed  in  the  three  discussions 
by  a  majority  of  three-fourths  of  the  votes  in  the  two 
chambers  of  congress. 

Sec.  3.  The  proposal  approved  will  be  published  with 
the  signatures  of  the  president  and  secretaries  of  the  two 
chambers,  becoming  incorporated  in  the  constitution  as  an 
integral  part  thereto. 

Sec.  4.  Bills  tending  to  abolish  the  republican  federative 
form  of  government,  or  the  equality  of  representation  in  the 
senate,  will  not  be  admitted  as  subjects  of  deliberation  in 
congress  .35 

35  The  imperial  constitution  provided  that  no  amendment  could  be  proposed  until 
four  years  after  its  adoption.  It  could  then  be  amended  through  the  initiative  of  the 
chamber  of  deputies.  Any  proposition  of  amendment  had  to  be  made  in  writing 
and  sustained  by  one-third  of  the  members.  The  proposed  amendment  had  to  be 
read  three  times  with   an  interval  of  six  days  between  the  successive  readings.     The 


92  THE  CONSTITUTION  OF 

TEMPORARY  PROVISIONS. 

Article  i.  Both  of  the  Chambers  of  the  first  National  Con- 
gress convoked  for  November  15,  1890,  will  be  elected  by  direct 
popular  election,  according  to  the  regulations  decreed  by  the 
Provisional  Government. 

Section  i.  This  congress  shall  receive  from  the  electoral 
body  special  powers  to  express  the  will  of  the  nation  upon 
this  constitution,  as  well  as  to  elect  the  first  President  and 
Vice-President  of  the  Republic. 

Sec.  2.  When  the  first  congress  is  assembled  it  will  delib- 
erate, in  general  assembly,  the  two  chambers  united,  on 
this  constitution,  and,  it  being  approved,  it  will  proceed  to 
elect,  by  an  absolute  majority  of  votes  on  the  first  ballot,  and, 
if  no  one  should  receive  this,  by  a  relative  majority  (plural- 
ity) in  the  second,  the  President  and  Vice-President  of  the 
United  States  of  Brazil. 

Sec.  3.  The  President  and  Vice-President  elected  in 
accordance  with  the  terms  of  the  article,  will  occupy  the 
presidency  and  vice-presidency  of  the  Republic  for  the  first 
presidential  term. 

Sec.  4.  For  this  election  there  will  be  no  disqualifica- 
tions. 

Sec.  5.  This  concluded,  congress  will  consider  its  con- 
stituent mission  terminated,  and  dividing  into  senate  and 
chamber,  will  enter  upon  the  exercise  of  its  normal  functions. 

Sec.  6.  For  election  to  the  first  congress  the  disqualifica- 
tions under  the  constitution.  Art.  25,  Nos.  2  to  7,  will  not  be 
in  force  ;  but  those  excluded  under  this  provision,  once 
elected,  will  lose  their  offices,  unless  they  declare  their  choice 
for  the  same  as  soon  as  they  are  recognized  senators  or 
deputies. 

chamber  then  decided  whether  the  bill  should  be  admitted  to  discussion  or  not.  If  the 
necessity  for  constitutional  reform  was  acknowledged  by  the  chamber,  and  also  by  the 
senate,  the  emperor  would  then  promulgate  a  law  in  the  usual  way,  in  which  it  was 
ordained  that  the  electors  of  deputies  to  the  following  legislature  should  confer  upon 
them  special  powers  for  effecting  the  proposed  change.  In  the  first  session  of  the  new 
legislature  the  amendment  was  discussed  and  passed  upon  in  the  usual  way.  Pol. 
Const,  of  the  Empire  of  Brazil,  Arts.  174,  175,  176,  177  and  178. 


THE  UNITED  STATES  OF  BRAZIL  9  J 

Art.  2.  The  acts  of  the  provisional  government,  so  far  as 
they  are  not  contrary  to  the  constitution,  shall  be  laws  of  the 
Republic  until  repealed  by  congress. 

The  commissions,  posts  and  permanent  appointments,  con- 
cessions and  contracts  granted  by  the  provisional  government 
are  guaranteed  in  all  their  plenitude. 

Art.  3.  The  state  which  up  to  the  end  of  1892  shall  not 
have  made  its  constitution,  will  be  subject,  by  act  of  the  federal 
legislative  power,  to  that  of  one  of  the  others,  which  may 
appear  most  suitable  for  this  purpose,  until  the  state  under  this 
constitution  shall  amend  it  by  the  process  in  it  prescribed. 

Art.  4.  In  proportion  as  the  states  organize,  the  federal 
government  will  deliver  to  them  the  administration  of  the 
services  which  pertains  to  them  under  the  constitution,  and  will 
then  be  released  from  responsibility  for  these  services  and  for 
the  payment  of  the  respective  staffs. 

Art.  5.  While  the  states  are  occupied  in  regulating  expenses 
during  the  period  of  the  organization  of  their  services,  the  federal 
government,  for  this  purpose,  will  grant  to  them  special  credits 
under  conditions  fixed  by  congress. 

Art.  6.     Within  two  years  from  the  approval  of  the  constitu 
tion   by   the  first  congress,  the  classification  of  revenue  therein 
established  shall  become  effective. 

Art.  7.  In  the  first  appointments  to  the  federal  judgeships  of 
the"  first  and  second  instance,  the  president  of  the  Republic  will 
admit,  as  far  as  convenient  to  the  proper  selection  of  those 
tribunals  and  courts,  the  more  important  district  and  appellate 
judges  [^juizes  de  direito  e  desembargadores\. 

Art.  8.  In  the  first  organization  of  their  respective  courts 
the  states  will  give  preference,  as  far  as  the  interest  of  the  pub- 
lic service  may  permit,  to  the  present  judges  of  the  first  and 
second  instance  \^juizes  de pnmeira  e  segunda  instam:ia\. 

Art.  9.  The  members  of  the  supreme  tribunal  of  justice 
not  appointed  to  the  supreme  federal  tribunal  will  be  retired  with 
full  salary. 

Art.  10.     The  disembargadores  dindjuizes  de  dereito,  who  may 


94  THE  CONSTITUTION  OF 

under  the  new  judiciary  organization  lose  their  positions,  will 
receive  their  present  salaries  as  long  as  they  maybe  unemployed. 
Art.  II.  While  the  states  are  not  constituted,  the  expenditure 
of  the  present  magistracy  will  be  for  account  of  the  federal 
treasury,  but  it  will  gradually  be  classified  in  proportion  to  the 
organization  of  the  respective  tribunals. 

Art.  12.  While  the  laws  regulating  military  conscription 
are  not  perfectly  organized,  volunteers  will  be  received  in  the 
land  and  naval  forces. 

We  therefore  order  all  authorities  to  whom  the  knowledge 
and  execution  of  this  decree  pertains,  to  execute  it,  and  to  have 
it  fully  and  exactly  executed  and  observed. 

The  Minister  of  State  for  the  Affairs  of  the  Interior  will 
have  it  printed,  published,  and  made  current. 

Assembly-Room  of  the  Provisional  Government  of  the  United 
States  of  Brazil,  June  22,  1890,  second  of  the  Republic. 

Mangel  Deodoro  da  Fonseca. 

RuY  Barbosa. 

Benjamin  Constant    Botelho  de  Magalhaes. 

Eduardo  Wandenkolk 

Floriano  Peixoto. 

q,  bocayuva. 

M.  Ferraz  de  Campos  Salles. 

Jose  Cesario  de  Faria  Alvim 

Francisco  Glyceric. 


THE  UNITED  STATES  OF  BRAZIL.  95 


BIBLIOGRAPHY. 


Arosemena ;  Constituciones  Politicas. 

Beauchamp  ;  Histoire  du  Br^sil. 

Consular  Reports,  U.  S. 

D'Araujo ;  L'Idee  Republicaine  au  Bresil. 

Dictionaire  de  rEconomie. 

Escriche  :  Diccionario  de  Legislacion. 

London  Times. 

Southey ;  History  of  Brazil. 

Winsor ;  Critical  and  Narrative  History. 


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